HKSAR v. MBAMBO YVONNE

HCCC29/2012 & HCCC99/2012
(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 29 OF 2012

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HKSAR
v
Mbambo Yvonne

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AND

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 99 OF 2012

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HKSAR
v
Reinoso Devia Napoleon (A1)
Useche Balanta Rodrigo (A2)

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Before: The Honourable Mrs Justice V Bokhary

Date: 10 December 2012 at 11.00 am

Present: Mr Leslie Parry, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Keith Hotten, instructed by Messrs Keith Lam Lau & Chan (assigned by DLA), for the Accused in HCCC29/2012
Mr Hanif Mughal, instructed by Messrs Haldanes (assigned by DLA), for the 1st Accused in HCCC99/2012
Mr Trevor Beel, instructed by Messrs George Chan & Co (assigned by DLA), for the 2nd Accused in HCCC99/2012

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: The three accused, I have heard mitigation on behalf ofMiss Mbambo who pleaded guilty at the Magistrates’ Court and was committedto this court for sentence, and on behalf of Mr Reinoso who pleaded guilty before me on the first day of trial,and on behalf of MrUseche who was convicted by the jury after trial.

I have given separate consideration to the appropriate sentence for each of you.

I have taken into account everything urged on behalf of each of them. All things considered, I adopt a starting point of 19½ yearsfor Miss Mbambo. That starting point includes an enhancement of 1 year because this case involved drugs being brought from abroad.Anybody collecting dangerous drugs from Miss Mbambo would surely have known, in all the circumstances, that the dangerous drugs wouldhave been brought to Hong Kong from abroad.

I adopt the same starting point of 19½ years for Mr Reinoso.

As far as Mr Useche is concerned, I will adopt a starting point of 18 years including one year for enhancement. That reflects thelesser role which he appears to have had.

I give Miss Mbambo a discount of 50 per cent for her guilty plea and her assistance which she gave the authorities by participatingin a controlled delivery and then giving evidence for the prosecution.

I give Mr Reinoso a discount of one-third for his guilty plea.

There is no mitigation for Mr Useche. I have of course taken into account everything urged on his behalf in arriving at as low a startingpoint as is consistent with my duty.

Miss Mbambo is sentenced to 9 years and 9 months’ imprisonment.

Mr Reinoso is sentenced to 13 years’ imprisonment.

Mr Useche is sentenced to 18 years’ imprisonment.

Please refer to CACC510/2012 for the relevant appeal(s) to the Court of Appeal.