HKSAR v. Cruz Ann Raian Santos

HCCC 134/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 134 OF 2017

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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 before a magistrate to one charge of trafficking in a dangerous drug and was committed to the Court of First Instance for sentence. In sentencing, I have considered the whole circumstances of the case including its nature and facts, in particular the type and quantity of the dangerous drug concerned, background of the defendant and mitigation put forward on her behalf.

The facts of the case may be summarised as follows. On 30 July 2016, the defendant arrived at Hong Kong by a flight from Manila. At Customs clearance, her handbag was searched. In some concealed compartments of her handbag, three packets containing a total of 613 grammes of a solid containing 580 grammes of cocaine was found.

The estimated street value of the drug was about $690,000.

Upon being arrested, under caution, the defendant said she came to Hong Kong for holiday. Her handbag was bought from her friend and she did not know what the substance found was.

I was told that the defendant is a Philippines national, now 38 years of age. She is not married but has a daughter. She finished secondary education and had worked as a saleslady and waitress. Her last job was a call centre agent of an American internet and telephone service company.

In mitigation, learned defence counsel, Ms Chu, urged me to take into account that the defendant had pleaded guilty at the first opportunity and she is now full of remorse. Ms Chu informed the court that the defendant’s father deserted the family even before she was born and she was brought up by her mother alone, who is now 64 years old.

The defendant had a boyfriend but the relationship broke up when their daughter reached the age of 2. The defendant is the sole breadwinner of the family. Her daughter is now 20 years old and a university student. The defendant is not able to pay for the daughter’s tuition fee. In great financial difficulties, she succumbed to temptation from a friend of earning quick money.

The defendant wrote a letter in which she expressed remorse and asked for leniency.

The Court of Appeal held in AG v Pedro Nel Rojas [1994] 2 HKCLR 69, that in a case of trafficking in cocaine, the guidelines in Queen v Lau Tak Ming [1990] 2 HKLR 370 is applicable since the narcotic content of the two drugs is very closely alike in the degree of harm. In Lau Tak Ming it was suggested that for a case of trafficking in heroin, if the narcotic content is between 400 and 600 grammes, a sentence of 15 to 20 years should be considered.

I have to take into account the international element in the case. For this aggravating feature, I am of the view that the starting point should be enhanced by 12 months.

Having considered the whole circumstances, in my judgment, an ultimate starting point of 18½ years is appropriate.

The defendant is entitled to a one-third discount for her guilty plea, her previous clear record in Hong Kong and the remorse she has expressed.

Having considered the whole circumstances, including what learned defence counsel said on the defendant’s behalf, I am prepared to give the defendant a further discount of 1 month.

So Defendant, for the reasons I have said, you are sentenced to an imprisonment term of 12 years and 3 months.