HKSAR v. Cherop Caroline

HCCC 204/2018

[2018] HKCFI 2418

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 204 OF 2018

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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 to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

She arrived at the Hong Kong International Airport from Addis Ababa, Ethiopia. When intercepted at clearance, it was suspected that she was concealing drugs inside her body and she was sent to North Lantau Hospital. She admitted that she had swallowed 65 pellets of drugs in Addis Ababa. She eventually discharged a total of 64 pellets within the next few days.

She admitted that she travelled from Kenya to Addis Ababa and was told to swallow some drugs, to take them into Hong Kong. She was given some US dollars before her flight and was told that after arrival she would check into a guesthouse and someone would contact her for collection of the drugs. A return ticket has been arranged for her.

Upon analysis, the drugs were found to be 816 grammes of a solid containing 691 grammes of cocaine. The retail value of the cocaine in this case is slightly over HK$1 million.

By way of mitigation, I was told that the defendant is aged 37. She comes from Kenya, a single mother, with a clear criminal record. She claimed to be unemployed prior to her arrest and resided with her 16 year old, now 17 year old daughter, in Nairobi. I was told that she committed the present offence foolishly because of her financial stringency. Her daughter and parents spoke highly of her, saying that she is a selfless and charitable person and they have forgiven her and would render support to her after she is released from prison.

Counsel also told me that she had helped spread the gospel during her incarceration and had successfully helped a few inmates to quit smoking. Counsel asked for leniency and mercy on her behalf.

In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, the sentencing authorities and tariffs, as well as mitigation advanced by counsel on her behalf. For trafficking in cocaine weighing between 600 to 1,200 grammes, a starting point of 20 to 23 years is to be adopted. The present case involves 691 grammes of cocaine. I adopt a starting point of 20 years, and having referred myself to the case of Chung Ping-kun, I enhance it by 1 year, taking into account the international element, making it a total of 21 years’ starting point.

She is entitled to a one-third discount for a plea of guilty and sentenced to 14 years’ imprisonment.