HKSAR v. Abdallah Abdallah Said

HCCC 148/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 148 OF 2015

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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 before a magistrate and was committed for sentence for one count of trafficking in a dangerous drug. The total quantity of dangerous drug involved in this case is 1,491 grammes of a mixture containing 629 grammes of heroin hydrochloride and 297.6 grammes of 6-monoacetylmorphine hydrochloride. The estimated street value of the drugs amounts to over HK$740,000.

The defendant is a Tanzanian citizen. On 17 September 2014, he arrived at Hong Kong International Airport from Kuala Lumpur, Malaysia. He was refused entry to Hong Kong by the Immigration Department. Upon search of his luggage, the subject dangerous drugs were found concealed inside the book covers of three children’s books he was carrying in his suitcase.

The defendant is now 23 years old and at the time of his arrest, he was 22. Mr Hemmings, in mitigation, said that the defendant is of a young age but I do not think he is so young as to justify a departure from the sentencing tariff because of his age. The defendant was a seaman earning around US$228 per month in Tanzania and has no criminal conviction record in Hong Kong. Mr Hemmings was right in saying that there is really little mitigating factors apart from his early plea of guilty.

Trafficking in dangerous drugs is an extremely serious offence. People committing this offence will inevitably be faced with a substantial term of imprisonment sentence. The length of the imprisonment will depend mainly on the quantity of the dangerous drugs involved.

For trafficking in heroin, the Court of Appeal has laid down the sentencing tariff in The Queen v Lau Tak Ming. The citation is [1990] 2 HKLRD 370. For the quantity involved in this case, this court should also consider HKSAR v Abdallah [2009] 2 HKLRD 427. For trafficking in heroin of a quantity between 600 grammes and 1,200 grammes, a starting point of 20 to 23 years’ imprisonment should be adopted.

In Hong Kong SAR v Daresa Mariam Guma, HCCC 17/2012, a judgment given on 29 March 2012, it was held that for the purpose of sentencing, monoacetylmorphine hydrochloride is to be treated the same as heroin hydrochloride and the sentence imposed in Daresa was confirmed by the Court of Appeal.

In the present case, the total quantity of heroin hydrochloride and monoacetylmorphine hydrochloride involved is 906.6 grammes. Applying the tariff in Abdallah, the appropriate starting point is 21½ years’ imprisonment.

The defendant has, in this case, imported the heroin into Hong Kong. Following Hong Kong SAR v Chung Ping Kun, the sentence should be enhanced by 1 year’s imprisonment. In the circumstances, the appropriate sentence, if convicted after trial, is 22½ years’ imprisonment.

Taking into account the defendant’s early plea of guilty, a full one-third discount should be given to him. The sentence is therefore reduced to 15 years’ imprisonment.