HKSAR v. Dia Ma Cristina Diones
Read the full judgment text of HCCC 210/2016 on BabelCite. This High Court CFI judgment was delivered on 24 June 2016.
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HCCC 210/2016 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 210 OF 2016 -----------------
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--------------------------------- Transcript of the Audio Recording --------------------------------- COURT: The defendant arrived at the Hong Kong International Airport from Manila of the Philippines. Her baggage was searched and from the concealed compartment, a packet containing white powder was found. Under caution, she denied knowledge of the drugs but now admits that she was trafficking in the said drugs at the material time. Upon analysis, the drugs were found to be 1.25 kilogrammes of a solid containing 940 grammes of cocaine. The retail value of the cocaine was in the region of HK$1.3 million. By way of mitigation, I was told that the defendant is aged 33, a mother to three children aged 9, 11 and 13. It was submitted that she was lured into this drug trafficking business by a African male back in the Philippines, like many other innocent young girls there. During her remand, she was active in writing campaign letters to warn others in the Philippines against such. She also provided information to the Philippines authorities. In sentencing the defendant, I have taken into account the nature of the offence, the kind of drugs involved, the sentencing tariff, as well as mitigation forwarded by counsel and those contained in the defendant’s handwritten letter and the letter of Father Wotherspoon. According to the case of Abdallah, for trafficking in cocaine weighing between 600 to 1,200 grammes, a starting point of 20 to 23 years is to be adopted. It is also reiterated that trafficking cases with an international element is an aggravating feature and for an amount above 1 kilogramme, the enhancement would not be less than 2 years. In the present case, I adopt the starting point 21½ years. I enhance that with 1½ years to 23 years. Taking into account her participation in Father Wotherspoon’s campaign, I am prepared to likewise as in the case of Otieno as Deputy Judge Woo did. I reduce that by 1 year to 22 years, and from that I give the defendant a one-third discount for her guilty plea. She is sentenced to 14 years and 8 months’ imprisonment. |