HKSAR v. Mzila Bajabulile Primrose

HCCC 20/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 20 OF 2016

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

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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 1,407 grammes of a solid containing 884.2 grammes of cocaine.

Now the facts admitted to are actually, unfortunately, no different from many cases appearing before this court. The defendant, a South African national, departed Brazil via Dubai and arrived in Hong Kong on 2 July 2015. She was intercepted at Hong Kong International Airport and when she was searched, four slabs of cocaine were found in the two underpants she was wearing, also found at her vagina was 13 pellets of cocaine. She was arrested and cautioned and she admitted that the drug was cocaine.

A record of interview was subsequently taken from her in which the defendant said she came to Hong Kong to bring drugs to Macau because she was in need of money. She provided names of persons in Brazil who gave her the drugs and they have promised her a reward of US$5,000. Subsequently, on 5 July, at the hospital, the defendant discharged a total of 67 pellets of cocaine.

The street value of all the dangerous drugs seized is HK$1,639,155.

The defendant is aged 49 and according to Mr Hemmings, she was the sole breadwinner of the family. She supported her mother, her children and her spouse’s family. She was a trader at home but encountered some financial difficulties and so she was tempted by the reward money.

In her letter to the court, she expressed deep remorse for what she has done and has expressed that she is continuing to make amends for what she has done by participating in the campaign launched by Father Wotherspoon in writing letters to dissuade others from South Africa in doing the same thing as she did.

I also have in front of me a letter from Father Wotherspoon who has been very active in campaigning for information to be brought to the African continent about the severe penalties that drug couriers receive if they are caught in Hong Kong. I do understand that this education of the residences and citizens on the continent of Africa has brought some some degree of success in dissuading people from being tempted to carry drugs to Hong Kong. Father Wotherspoon says the defendant has been actively supporting his campaign and has been contributing letters in English and Zulu to educate the people in South Africa, and she has also been asking her family and friends in South Africa to support the campaign.

I know it is difficult for any defendant to be away from her family, especially for a mother and a grandmother as the defendant is. However, weighed against that, as Hong Kong is in a unique position and we are fighting a constant battle to stop drugs from coming into our border and so the courts have to look with some severity at people who bring drugs into Hong Kong.

The Court of Appeal has laid down guidelines in relation to trafficking in heroin and cocaine in the case Lau Tak Ming. They recommend that for trafficking in between 600 to 1,200 grammes of drugs, that would merit a starting point sentence of 20 to 23 years’ imprisonment. So the appropriate starting point in this case, for 884.2 grammes of cocaine, would be between 21 to 21½ years’ imprisonment. The defendant has a clear record in Hong Kong, she is aged 49, and I will adopt the starting point of 21 years.

In relation to the enhancement of sentence, the Court of Appeal in HKSAR v Chung Ping Kun, CACC 85/2014, has recommended that for trafficking in between 500 to 1,000 grammes of drugs in relation to the international element, that is importing the drugs into Hong Kong from overseas, would merit a sentence enhancement of 1 to 2 years.

So in relation to the sentence, as I have said, the starting point will be 21 years and giving the defendant the full one-third discount will reduce the sentence to 14 years.

As for the enhancement of sentence, I take into account the mitigation and the effort that has been made to participate in the campaign of Father Wotherspoon. I will enhance the sentence by 1 year, so the defendant goes to prison for 15 years.