HKSAR v. OROZCO ARISTIZABAL GONZALO

HCCC 428/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 428 OF 2015

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HKSAR
v
OROZCO ARISTIZABAL Gonzalo

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Before: DHCJ Lugar-Mawson

Date: 30 December 2015 at 9.58 am

Present: Mr P J Power, SADPP of the Department of Justice, for HKSAR
Mr John P Marray, instructed by Haldanes, assigned by DLA, 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: I am not going to read a sermon to you. You must be well aware of the dangers presented to society about the misuse of dangerous drugs. Yet you chose to lend your aid to this filthy trade. You have little mitigation. I am told you have aclear record in Hong Kong, but that is not surprising. You were here for less than a hour before you were arrested. Nothingappears to be known of your criminal record or of your character in Colombia, and I am prepared to accept that you are ofgood character there.

Your most powerful mitigation is your early plea of guilty before the magistrate. That indicates realism and an acceptance of yourwrongdoing, and you will receive proper recognition for that in the length of your sentence.

Aggravating your offence is the fact that you attempted to import cocaine of a value of over $147,000 into Hong Kong. The Court ofAppeal in Hong Kong has said that those who import dangerous drugs into this region should receive higher sentences than those whojust traffic dangerous drugs within Hong Kong.

Mr Marray, your counsel, will have told you that there are very clear guidelines set down for all judges as to how we should sentencethose involved in dangerous drugs trafficking, and those guidelines are based on the weight of the active content of the dangerousdrug trafficked. He also would have told you that judges are expected to follow those guidelines unless there are exceptional reasonsfor us not to do so. In your case there are no such exceptional reasons, and I am sure Mr Marray will have told you that.

I can tell you that in this case where you have admitted to importing a mixture weighing 149 grammes containing 102 grammes of cocaine,following the guidelines I have spoken of, had you taken this matter to trial and been found guilty by a jury, your sentence, takingaccount of the international aspect of the case, the importation, would have been one of 10 years and 6 months’ imprisonment.

Because of your plea of guilty and because I am prepared to treat you as of good character, I am reducing that sentence by one-thirdto a sentence of 7 years’ imprisonment which is the sentence you will now serve.