HKSAR v. Muriuki Racheal Nyawira

HCCC 310/2018

[2019] HKCFI 1153

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 310 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Ms Muriuki, you pleaded guilty before the Eastern Magistrates’ Court on 24 September 2018 to one count of trafficking in 1.20 kilogrammes of methamphetamine hydrochloride or ‘Ice’, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you have confirmed that plea today.

The street value of what you had on you in February of 2018 was $745,300.

You were intercepted at the Hong Kong International Airport on 17 September of last year, having flown into Hong Kong from Lagos via Addis Ababa. The drugs in question were found to have been secreted in your suitcase.

Under caution, you did not tell the truth. You told the Customs and Excise officers that you had been given the suitcase by a friend and that you did not know the white powder was hidden within it. You told the officers that you had come to Hong Kong for shopping.

Later, in a video-recorded interview, you told the officers that you were a businesswoman. This was the first time you had come to Hong Kong, and that you were hoping to buy a wedding dress here. Your friend had given you the suitcase to replace another suitcase which was too big. You did not believe that there was anything suspicious with the smaller suitcase you had been given. By your plea, you no longer maintain that stance.

Mr Raffell on your behalf says that you were persuaded to traffic in dangerous drugs by your fiancé. There would be no other logical reason why a lady such as yourself would do so. You are well-educated and come from a good home with loving parents. They must be heartbroken at what is happening to you.

Your antecedent statement shows you are 32 years of age and a Kenyan national. You appear to have a university education and earned approximately US$700 per month from your business.

The fact that you are Kenyan makes it more difficult for you to give any assistance to the authorities about the drug traffickers who asked you to do this. And, in any event, I would have been prevented from giving you a discount for such assistance unless it led to a verifiable prosecution.

You have a clear criminal record in Hong Kong, and you say that you are not a drug addict, and I believe that. I have read the letter you have sent to the court and you do show true remorse for what you have done. That is to your credit.

The relevant sentencing guideline for the offence of trafficking in ‘Ice’ is HKSAR v Abdallah [2009] 2 HKLRD 437. For trafficking in between 600 grammes and 1,200 grammes of ‘Ice’, the sentencing range is between 20 to 23 years. So for trafficking in 1.2 kilogrammes of ‘Ice’, the correct starting point after trial is 23 years’ imprisonment. There is also the aggravating feature of importation for which I must enhance your sentence by 2 years which makes a total of 25 years.

You will of course receive a one-third discount for your plea at the very earliest opportunity but you must go to prison for 15 years and 4 months.

(Proceedings from 10.08 am not required)

Court adjourns - 10.15 am

Court resumes - 10.15 am

Accused present. Appearances as before.

COURT: Mr Raffell, I am terribly sorry and it is entirely my fault and I apologize to your client but unfortunately, I calculated the discount on the 23-year limit and it is 25 years and unfortunately, the lady’s sentence is in fact 16 years and 8 months. I apologize for that. That is entirely my fault. That may be a little distressing for your client. I am terribly sorry, Mr Raffell, that that occurred.

MR RAFFELL: Can I just check that, my Lady...

COURT: Yes. I have now got it. I calculated or I have a table that I have calculated. I calculated it on 23 years which is 15-4 but the lady, unfortunately, had to have the Abdallah extra 2 years for importation, which made 25 years as the enhanced starting point and one-third off is 16 years and 8 months.

MR RAFFELL: Well, I’m pretty innumerate. Mr Middleton has worked it out on his phone with his calculator and that is correct and...

COURT: No. Well, I have got a schedule list.

MR RAFFELL: Right.

COURT: I looked at the wrong one because I didn’t add in the Abdallah enhancement, I am afraid. I apologize.

MR RAFFELL: Right.

COURT: Nothing I can do.

MR RAFFELL: That’s the trouble when we have mathematical sentencing.

COURT: Thank you very much, everybody.

MR RAFFELL: Thank you, my Lady.