HKSAR v. Williams Candice Veronica

HCCC 308/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 308 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Before me, the defendant, Williams Candice Veronica a 26-year-old woman from South Africa, has pleaded guilty to the single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The particulars of offence are that on 15 January 2015, at the Hong Kong International Airport, Chek Lap Kok, Lantau Island in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 2.22 kilogrammes of a solid containing 1,000 grammes of cocaine. She has also admitted the summary of facts prepared by the prosecution. The summary reads as follows:

“The accused, a 25-year-old South African female was detained at Hong Kong International Airport after her arrival on a flight inbound from Johannesburg for customs clearance.

After x-ray of her suitcase showed suspicious images, she was asked to open the same which she did using keys in her possession. An inspection of the contents of the suitcase produced, inter alia, two empty rucksacks which when examined produced a package from each of that had been secreted in the back pads of the rucksacks. Both packages were found to contain suspected dangerous drugs. The accused was arrested and cautioned. Asked whether the backpacks belonged to her, she stated that her boss had given them as samples.

The suspected dangerous drugs when examined were found to be a total of 2.22 kilogrammes of a solid containing 1,000 grammes of cocaine.

The seized dangerous drugs had an estimated retail value at the time of their seizure of HK$2,168,940.

The accused now admits and accepts that she was trafficking in the seized dangerous drugs.”

In the case of Attorney General v Rojas [1994] 1 HKC 342, the Court of Appeal held that the sentencing guidelines for trafficking in heroin are applicable to trafficking in cocaine. According to the R v Lau Tak Ming & Ors [1990] 2 HKLR 370 as modified in HKSAR v Abdallah Anwar Abbas [2009] 2 HKLRD 437, for trafficking in 600 to 1,200 grammes of heroin, cocaine being treated equally, the sentence upon conviction after trial should be in the range of 20 to 23 years’ imprisonment.

Moreover, the importation of a dangerous drug is an aggravating factor: see the cases cited in Cross and Cheung, Sentencing in Hong Kong, 7th Edition, pages 627 to 628, and especially the case referred to by Mr Power for the prosecution namely HKSAR v Chung Ping Kun CACC 85/2014, 2 July 2014 (unreported) where the Court of Appeal suggested a broad guideline of enhancement for the international element involving between 500 to 1,000 grammes of cocaine, being 1 year to 2 years.

Drug trafficking is a very serious offence, and sentencing is almost wholly dependent on established guidelines and authorities. Save in rare circumstances, personal situation matters little, and very little discretion is left to the sentencer.

Ms Crebbin has urged upon me everything that can possibly be said in favour of the defendant. The defendant, a person with a clear record prior to this offence, has provided all the information she processes to the Customs and Excise Department but nil result has been forthcoming.

Moreover, she has also written a long letter sent to various media wishing it to be published in South Africa and other parts of the world for the purposes of warning and persuading innocent people not to get involved in the drug trade. Ms Crebbin describes the defendant as having done her very best to help stifle or restrict the drug trade, and this I accept. However, as I said, my discretion is very limited.

Considering all the above authorities and all the circumstances of this case, the starting point that I adopt is 21 years’ imprisonment. With an enhancement for the international element of 2 years, the overall starting point comes to 23 years’ imprisonment. I give the defendant a full one-third discount for her guilty plea which reduces the sentence to 15 years and 4 months.

I accordingly sentence the defendant to a term of imprisonment for 15 years and 4 months.