HKSAR v. Hlongwane Lindokuhle Grace

HCCC 79/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 79 OF 2017

-----------------

-----------------

---------------------------------

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

---------------------------------

Background and the facts

On 6 March 2017, the defendant pleaded guilty in the Eastern Magistrates Court to one count of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. She was committed to this court for sentence.

This morning, the defendant confirmed before me her plea and her acceptance of the Summary of Facts.

Briefly, on 29 February 2016, the defendant was intercepted by the Customs and Excise officers on her arrival at the Hong Kong International Airport from South Africa via Dubai. As a result of a search conducted on the defendant, she was found wearing a girdle which concealed four packets of cocaine, that is a total of 1.8 kilogrammes of a solid containing 1.39 kilogrammes of cocaine, the drug now particularised in the count.

Under caution, the defendant claimed that she did not know the nature of the thing she carried although she admitted getting a reward of about US$3,000 for doing so.

The drug seized had a street value of about HK$1.9 million.

The defendant’s background and mitigation

The defendant is a South African who is now 25 years of age. She has got no previous criminal convictions in Hong Kong. It is said that the defendant has obtained diploma education level and has three daughters aged between 2 to 10. Back at home, she said, she had a bakery and she worked there.

In mitigation, Mr Arthur for the defendant told the court that the defendant pleaded guilty at an early stage of the proceedings and should be given the full one-third reduction for her plea.

A letter from a priest mentioning the defendant’s participation in an anti-drug campaign, a letter from the defendant herself and one from her uncle were placed before the court. It was said that the defendant’s commission of the present offence was a complete shock to the family as she had always been law-abiding. Since the defendant’s detention in Hong Kong, her children have to be taken care of by others.

Further, Mr Arthur detailed the personal predicament of the defendant and asked for mercy in this case.

The sentence

The tariffs for trafficking in cocaine were the same as those laid down for heroin in The Queen v Lau Tak Ming & Others [1990] 2 HKLR 370 and in HKSAR v Abdallah [2009] 2 HKLRD 437. For trafficking between 1,200 grammes to 4,000 grammes of cocaine, a term of 23 to 26 years’ imprisonment is called for. Further, if an international element was involved and if the amount was above 1 kilogramme, the starting point should be enhanced and the enhancement would not be less than 2 years’ imprisonment.

Having considered the facts of this case and the amount of drug involved, I take the view that an initial starting point of 23 years is appropriate.

Moreover, as the defendant took the drug into Hong Kong, there was certainly an international element regarding her trafficking activity. For this, I would enhance the starting point by a further 2 years, making the overall starting point one of 25 years.

The defendant pleaded guilty; she would receive a one-third reduction for that. Other than her plea, there is nothing which would warrant any further reduction in sentence. The defendant’s personal predicament is, of course, not a ground upon which I could reduce her sentence, although the court is sympathetic towards her young children at home.

Therefore, the defendant is to serve a term of 16 years and 8 months’ imprisonment for this offence after the one-third reduction.