HKSAR v. Mndima Mary Nassoro

HCCC 440/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 440 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 had pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely 829 grammes of a powder containing 554 grammes of cocaine.

In an all too typical case in Hong Kong, the defendant arrived in Hong Kong from Dubai but her journey had started in Dar Es Salaam, Tanzania. Nothing illicit was found upon a search of her but when she was sent to the hospital, medical examination confirmed the presence of foreign objects in her body. Under caution, the defendant confessed that she had swallowed 40 of these objects at a hotel outside Dubai Airport for a reward of US$3,500. Between 29 April and 7 May, the defendant excreted 76 packets containing the amount of drugs in the charge.

At the time of the defendant’s interception, the defendant had cash of US$1,882 with her together with some renminbi, Thai baht and some Tanzanian shillings as well as two mobile phones.

Under caution, the defendant said that she was in transit in Hong Kong on her way to China to buy some baby clothes for her business. She accepted that she knew the objects inside her body were drugs. She said she was supposed to deliver the drugs to China. She was supposed to call a Tanzanian male named Jerry after her arrival. Jerry would give her her hotel room number and collect the drugs from her. The defendant further claimed that this job came with a reward of US$5,000 for which she had already received US$2,000 and the remaining US$3,000 would be paid after successful delivery of the drugs.

The estimated street value of these drugs is in the region of HK$865,476.

The defendant has a clear record in Hong Kong and is aged 41. She has disclosed in her antecedents statement that she has a daughter and that she has a business selling baby clothes in Tanzania.

The only mitigation I see in this case is the fact that she has pleaded guilty at an early stage. There is nothing unusual about these facts. Hong Kong faces a constant battle trying to detect these drug traffickers coming to Hong Kong with loads and loads of dangerous drugs, whether meant for the local market or in transit to China. Wherever these drugs land, it would cause tremendous misery to the local population.

In mitigation, Mr Whitehouse has put forward and relies heavily on the letter of Father Wotherspoon about the defendant’s assistance to his campaign after her detention in Tai Lam. He, in his letter, suggested that the campaign is meeting with some success and there does not seem to be an increase in Tanzanian drug mules coming into Hong Kong. He says that the defendant has written letters in support of his website meant for the Tanzanian population and this publicity therefore has indeed, he says, slowed down participation of Tanzanian drug mules.

I have no doubt that this campaign is assisting in educating the people on the African continent and in other countries about the consequences of trafficking drugs into Hong Kong. I have no doubt that this campaign would need to go on for quite a long time because the temptation of easy money offered by these drug lords is too attractive for many of the poorer citizens of these countries.

The Court of Appeal has long established guideline sentences for trafficking in cocaine and they said that the trafficking of cocaine guidelines would be as suggested in the Lau Tak Ming guidelines laid down for heroin, and which is that for trafficking in between 400 to 600 grammes of cocaine, that would merit a sentence of 15 to 20 years’ after trial.

Mr Whitehouse has tried to suggest that this guideline is really meant for the drug lords and not for mere mules. I do not agree.

According to the guidelines laid down, the starting point for this particular case would be in the region of 19 to 20 years’ imprisonment. There is also the added element of the international element. Having looked at all the circumstances of this case, the background of the defendant, I would adopt a starting point of 19 years and enhance it by 1 year for the international element. I will also add here that my adopting the lower starting point has taken into account the fact that she has participated, after her detention, in the campaign of Father Wotherspoon.

So 20 years will be reduced by the full one-third for her early plea and that would reduce the sentence to 13 years and 4 months.

So the defendant goes to prison for 13 years and 4 months.