HKSAR v. Kasase Jane

HCCC 404/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 404 OF 2016

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

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COURT:

Defendant, you pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, on 15 September 2016, before the magistrate at Eastern Magistracy. You were then committed to the Court of First Instance for sentence.

You admitted on 28 February 2016, at the Customs Arrival Hall at the Hong Kong International Airport, you unlawfully trafficked in 904 grammes of a solid containing 337 grammes of cocaine. You had trafficked these drugs into Hong Kong from abroad by concealing them within your body.

On 28 February 2016, you arrived at the Hong Kong International Airport on a flight from Johannesburg, South Africa. When passing through the green channel, you were intercepted by a Customs Officer. Upon baggage examination, no irregularity was detected. Following a personal search of your body, one pellet containing drugs was found inside your underwear. When questioned, you replied, “The pellet contained cocaine”.

You were then escorted to the North Lantau Island Hospital for medical examination as you were suspected to have internal concealment of drugs. You were then transferred to Queen Elizabeth Hospital for further observation and for your discharge of these drugs. During your one day stay at the Queen Elizabeth Hospital, you discharged 46 pellets. At the North Lantau Hospital, you discharged 14 pellets. All in all, you discharged a total of 61 pellets upon your arrival in Hong Kong. The amount and quantity of drugs is that as stated in the charge.

The street value of the dangerous drugs was estimated to be HK$969,992.

Defendant, you are aged 42 and a Zambian national. Mr Mughal, counsel on your behalf, has in his usual manner mitigated elegantly and fully on your behalf. I am informed by Mr Mughal that whilst you were living in Zambia, you had been a kindergarten teacher earning US$50 a month. However, the kindergarten closed down in 2015 and you lost your job. Despite efforts in finding alternative employment, you were unable to do so. You were then in financial constraints as you were the sole breadwinner for your three children who are still in education. Further, you had your own medical expenses incurred for HIV. You originally borrowed from relatives whilst you were looking for a job. You made known your difficulties and wrote to a friend and shortly thereafter a lady offered you business opportunities in South Africa. You then decided to take the opportunity to work in South Africa and therefore flew there in January this year.

Whilst there, you met and were introduced to a Nigerian male. You were offered a sum of US$4,000 if you were to take drugs out of South Africa to Hong Kong. You were told that you would have no difficulties in entering Hong Kong. Due to your financial desperate state, and that this was an astronomical amount of money in view of the amount you were earning, it was a lifeline and a solution to your difficulties, you succumbed to that temptation. That is how you being a person of previous good character became involved in this very serious offence.

Your letter to me states now how you realise since being incarcerated that it was a totally unacceptable and shameful offence to which you committed. The prison life has made you understand and realise the value of looking for a job and making honest money. I accept that due to your desperate financial circumstances, you committed this offence, but that in itself is not a mitigating factor. As Mr Mughal had said, your strongest mitigating factor is your very early plea of guilty initially to the Custom authorities and thereafter before the magistrate at the first appearance in court.

Mr Mughal refers to the leading cases in respect of trafficking in cocaine that of The Queen v Lau Tak Ming and further to the case of HKSAR v Chung Ping Kun in respect of the enhancement to the starting point for the international element for trafficking in drugs below 1,000 grammes.

Defendant, you are 43 years of age, are of clear record and have three young children aged 15, 8 and 12. You have completed secondary education and you are HIV positive. Taking into account all the factors and the matters in mitigation before me and particularly the fact that you pleaded guilty. For the amount of 337 grammes of cocaine which you were trafficking in. This falls within the band of 12 to 15 years after trial had you been convicted after trial. I would have taken a starting point of 14 years’ imprisonment.

There is an international element which calls for an enhancement of the starting point as you had brought these drugs into Hong Kong from South Africa and given the quantity of drugs, I enhance your sentence by a further 8 months’ imprisonment. Therefore, the sentencing point, had you been convicted after trial, would be one of 14 years and 8 months’ imprisonment.

Giving you full credit for your plea of guilty and the full discount of one-third, you shall be sentenced to a term of 9 years and 9 months’ imprisonment.