HKSAR v. Onwudiwe Zimkitho

HCCC 394/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 394 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 pleaded guilty in Eastern Magistrates Court on 2 September 2016 to one count of trafficking 983.4 grammes of cocaine. She was committed to this court for sentence.

On 9 January 2016, at about 9.45 pm, the defendant arrived at Arrival Hall B of the Hong Kong International Airport from Johannesburg via Dubai. Among other items, she carried two plastic bags from the duty free shop of Dubai. She was intercepted by the Customs officers for clearance. Customs officers subsequently found 68 cocaine pellets wrapped in candy wrappings in the packets of candies in both plastic bags. There were four receipts dated 3 and 6 January 2016 issued by the Dubai Duty Free Shop. According to the defendant’s itinerary, she was not yet in Dubai on those dates. The defendant now admits that she knowingly brought the cocaine to Hong Kong.

The street value of the cocaine was about HK$1.3 million.

The defendant is 36 years old. She has a clear record in Hong Kong. She completed secondary education. She is a single mother with two children. She was a garment trader earning about HK$5,500 per month at the time of the offence. She was offered a free trip and guesthouse expenses by a syndicate. She only knew she was to take dangerous drugs to Hong Kong when in Dubai.

The defendant was very remorseful. She joined a scheme founded by Father John on the internet to warn others of the serious consequences of taking dangerous drugs to Hong Kong. Having accurately acknowledged the sentencing principle of trafficking offences, Mr Kelly, counsel for the defendant, fairly indicates that this only supports her remorse and would not seek to argue for further reduction.

The sentencing tariff in HKSAR v Abdallah is applicable. For trafficking in 983.4 grammes of cocaine, the sentence should be 22 years’ imprisonment. I am grateful for the authority CACC 85/2014, drawn to my attention by Mr Gary Leung, counsel for the prosecution. I add 1½ years’ imprisonment for the aggravating factor of bringing dangerous drugs to Hong Kong. The final starting point is 23 years and 6 months’ imprisonment. There being no further mitigating factors, I deduct 7 years and 10 months for her plea.

I sentence the defendant to 15 years and 8 months’ imprisonment.