COURT: The defendant was convicted by jury of one count of trafficking in a dangerous drug.
Evidence revealed that the defendant arrived in Hong Kong on 3 August 2018 from Dubai. Inside the backpack she was carrying at the time, custom officers found, amongst others, three boxes of chocolate containing a total of 1.393 kilogrammes of ‘Ice’. These dangerous drugs were individually wrapped inside each chocolate.
The street value was estimated to be in excess of HK$1.1 million.
The drugs in question were carried from Kenya, Africa via Dubai, Middle East to Hong Kong. In short, they travelled across countries and continents. It seems clear to me that the defendant acted as a courier for financial reward.
The defendant is 31 of age, single and was pregnant at the time. During her remand, she gave birth to her son. She is now raising her 1-year-old baby son in prison. Prior to her departure to Hong Kong, she was a business lady trading in hair accessories in Malawi. She managed to earn HK$3,200 a month.
Guidelines on sentencing are clear. Starting point for trafficking in 1.393 kilogrammes of ‘Ice’ is one of over 23 years’ imprisonment. Given the international element involved in the present case, an additional 2 years will be added. However, in view of the fact that the defendant has to raise her baby son inside the prison, that in my view imposes an additional hardship on her. I am told that the baby will be kept in prison until his 4 years’ birthday, and thereafter, he will be passed to Po Leung Kuk for his upbringing. In view of that, I am prepared to reduce the sentence by 1 year. Apart from that, I do not see any other mitigating circumstances which may warrant any additional reduction in this case.
As such, for the sole offence the defendant stands convicted, she is sentenced to 24 years’ imprisonment.