HKSAR v. Ferreira Rodrigues Michele

HCCC 381/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 381 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 and she is committed to this court for sentence.

The Summary of Facts reveals the following. On 15 February 2016, the defendant was intercepted by Customs officers at the Hong Kong International Airport upon her arrival from Brazil. After opening some cans of processed meat that the defendant was carrying in her suitcase, Customs officers found 1.24 kilogrammes of cocaine. The street value is estimated to be around HK$1.6 million.

Under caution, the defendant admitted that she knew she was carrying drugs from Brazil to Hong Kong and that the trip was arranged by her boyfriend, a Nigerian living in Brazil.

The defendant is 26 and was running a small business by selling imported goods and foods from home. Her monthly income was about US$300. She was promised by her boyfriend that as she successfully delivered the drug, he would assist her in setting up a catering business, so in short, the defendant was doing the delivery for financial gain.

In mitigation, it was submitted that the defendant was simply being used as a courier by international drug syndicates. The defendant’s situation is very similar to what we have seen in the past where some ladies from China were deceived into bringing drugs to Hong Kong, again by some Nigerian males posing as boyfriend. However, in the present case, the situation is slightly different for the defendant knew full well that drugs had been concealed into her suitcase so she was, in my view, a knowing participant.

Guidelines for sentencing are, however, clear. For 1.2 kilogrammes of cocaine, the sentence is one of 23 years’ imprisonment. In this case, drugs are carried across continents as well as countries. There is therefore an added aggravating feature. Two years should be added for a quantity of drug in excess of 1 kilogramme according to the Court of Appeal.

In this case, taking into account what Father Wotherspoon had written on your behalf, instead of 2 years, 1 year will be added to your 23 years’ sentence. The starting point is therefore set at 24 years. Because of her plea, the defendant will be given the usual one-third discount.

In conclusion, the defendant is sentenced to 16 years’ imprisonment.