HKSAR v. MOTHOSOLA TEBOHO MAX

HCCC 404/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 404 2014

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HKSAR
v
MOTHOSOLA Teboho Max
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Before: Hon P Li J

Date: 27 November 2014 at 10.22 am

Present: Miss Lilly Wong, SPP(Ag) of the Department of Justice, for HKSAR
Mr Ian Hastings Polson, instructed by Krishnan & Tang, for the accused

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 defendant pleaded guilty to one count of trafficking in 3.87 kilogrammes of “ice”.

At about 11.26 am on 7 March 2014, the defendant was on board a private car selected for Customs clearance at the Shenzhen Bay ControlPoint. Customs officers found one packet of “ice” hidden inside a false compartment in his backpack, three further packets of“ice” were found in a false compartment in his suitcase. The street value of the “ice” was about HK$2 million. The defendantnow admits that he was trafficking the drug in question.

The defendant is 30. He holds a South African passport. He received high school education. He has a clear record in Hong Kong. Hewas married in 2013 with one son. He was a merchant travelling to Hong Kong and mainland China, buying goods for resale in SouthAfrica. He earned about US$200 per month. The defendant refuses to disclose his reward to his counsel.

For trafficking over 600 grammes of “ice”, according to Ching Kwok Hung the starting point should be over 18 years’ imprisonment. The new guideline in Tam Yi Chun, CACC 524/2011, is not applicable as the present case is before the new guideline.

There being no other mitigating factor, I take 25 years’ imprisonment as the starting point. I add two years for taking a dangerousdrug to Hong Kong, which is an aggravating factor. The final starting point is 27 years’ imprisonment. I deduct 9 years for hisplea.

I sentence the defendant to 18 years’ imprisonment.