HKSAR v. GARCIA, BERNARD KEE

HCCC15/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 15 OF 2012

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HKSAR
v
Garcia, Bernard Kee

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Before: Hon D Pang J

Date: 30 August 2012 at 3.51 pm

Present: Mr Frederic C Whitehouse, on fiat, for HKSAR
Mr Kevin B Egan and Ms Jane Moir, instructed by Messrs Haldanes, for the Accused

Offence: Trafficking in dangerous drugs (販運危險藥物)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant has been convicted after trial of one count of trafficking in a dangerous drug, namely 7.95 kilogrammes of heroinhydrochloride and 1.05 kilogrammes of monoacetylmorphine hydrochloride, or 6-MAM, as it is called, by pure narcotic content.

The facts of the case were simple. The defendant was just off the plane from Hanoi. He was stopped while making his way through theCustoms Arrival Hall, nothing-to-declare channel. His baggage was searched. Drugs were found partly hidden in some false compartmentsof his suitcases and partly hidden under some gasket samples innocently placed in two travelling bags.

The defendant is aged 41, Filipino by nationality. After leaving college in his third year, he had spent time working both in thePhilippines and overseas, mainly in the catering industry. Immediately prior to the present case, he was running his own water refillingbusiness. He was, and is, I suppose, married to a woman who has her own ready-to-wear business and has seven children. The recordsshow that he travelled regularly within the region. He has no previous conviction.

In mitigation, counsel has, very realistically, pointed out that given the verdict and the amount of drugs involved, there was verylittle, if anything, to say on his behalf.

Given the international element and the staggering quantity of drug involved, ie, a total of 9 kilogrammes of heroin and MAM of equalpotency, the starting point of this case should be one of 30 years, 28 years for the drugs, 2 years as enhancement for internationaltrafficking (reference HKSAR v Abdallah [2009] 2 HKLRD 437).

As the defendant contested the case and can offer no mitigation, that figure stands. The defendant will go to prison for 30 years.

Please refer to CACC383/2012 for the relevant appeal(s) to the Court of Appeal.