HKSAR v. LECARNAQUE SAAVEDRA ZOLIA ELIZABETH

HCCC 197/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 197 OF 2014

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HKSAR
v
LECARNAQUE SAAVEDRA Zolia Elizabeth

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Before: DHCJ Stuart-Moore

Date: 25 November 2014 at 11.03 am

Present: Mr Harish Melwaney, SPP of the Department of Justice, for HKSAR
Mr Robert C Andrews, instructed by B Manek & Co, for the defendant

Offence: Trafficking in a dangerous drug (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: On 9 May 2014, the defendant, who is now aged 52 and who comes from Peru, pleaded guilty in the Magistrates’ Court to traffickingin a liquid which contained 520 grammes of cocaine. This was found inside her travel bag. The drugs were hidden inside the liningsof two quilted jackets and were contained inside 54 condoms.

The total weight of the liquid came to just over a kilogram.

The defendant said nothing when she was arrested on 27 October last year. This followed her arrival from Lima via Paris, and she wasarrested as she went through the gate for those who have nothing to declare.

The value of the cocaine was $1,057,320.

Mr Andrews has said everything possible on the defendant’s behalf, but it is well-known that drug trafficking guidelines apply toall traffickers of whatever age or background because of the massive problem created by this dreadful trade.

As Mr Andrews has readily accepted, the guidelines in R v Lau Tak Ming & Ors [1990] 2 HKLR 370 as applied in Attorney General v Pedro Nel Rojas [1994] 1 HKC at 342, I consider a proper starting point to be 18 years and 4 months’ imprisonment, but this needs to be enhancedfor the international element involved in this case, and I shall enhance that by 8 months. It is as Mr Andrews has said a terriblething that she has risked such a sentence for a reward of US$2,000.

Now would you stand, please?

I give you full credit for your timely guilty plea. Your sentence is one of 12 years and 8 months’ imprisonment.