COURT: Ms Shiakamiri, you pleaded guilty before this court on 27 October 2021 to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, in that you accepted that you had trafficked in 308 grammes of cocaine on 4 July 2019. The Summary of Facts has been read out to you and you have agreed them and you are formally found guilty upon that plea.
The estimated street value in Hong Kong of those drugs which you brought in in July 2019, was approximately HK$613,440.
You brought the cocaine into Hong Kong on 4 July, having flown into Hong Kong International Airport from Nairobi via Dubai. You had swallowed 44 pellets of cocaine and you brought them into Hong Kong within your body. When that was discovered, as is your right, you declined to answer questions. I have therefore no evidence before me which indicates why you knowingly imported drugs into Hong Kong.
You are 33 years of age and a Kenyan national. You are a single mother with three children of your own and an adopted son. You ran your own brick building business in your hometown but Mr Davies tells the court that you were in debt and that this drug trafficking was an answer to that problem. There had also been a suggestion that you were acting under duress. I do not accept that mitigation for the reasons given in court, and I provided you with an opportunity to make good that mitigation in a Newton hearing but you declined.
It is clear to me from the papers, that you have either not told the truth to medical staff who have looked after you or, you have not told the truth to your legal advisers. In any event, I will not accept evidence from the Bar table and I am limited to what is before me on the papers.
You pleaded not guilty at committal and the case against you was therefore committed to this court for trial. It was the subject of five case management hearings as a result of the defence you wished to pursue in trial and the fact that you were not ready for your first trial date.
Mr Davies told the court that this was because of the delay in obtaining legal aid for a medical report, which you wished to rely upon. That report has never been served upon the court. It was provided today as a result of questions from the court for the purpose of sentencing. It is dated 5 October 2021 and would have been in the hands of the defence team on 27 October 2021, the fifth CMH, when you indicated through counsel that you had decided to plead guilty.
R v Lau Tak Ming [1990] 2 HKLR 370, provides a starting point after trial under that authority for between 200 and 400 grammes of cocaine is 12 to 15 years’ imprisonment. For 308 grammes, the starting point after trial would be in the region of 13 years and 6 months’ imprisonment.
There is also the aggravating factor of the international importation of these drugs from Kenya into Hong Kong. In accordance with HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197, I intend to increase that starting point by 6 months to 14 years to mark that element of your offending.
In accordance with the spirit of HKSAR v Ngo Van Nam [2016] 5 HKLRD 1, as this matter had been listed for trial once already and then had been relisted for trial and had reached the stage of the fifth CMH, I intend, as Mr Davies suggested, to give you a discount of 20 per cent for your plea of guilty at such a late stage and after several hearings and some other public expense.
You have, albeit late in the day, sought to assist but I note that some of the suggestions made by you to Customs and Excise have been investigated and have resulted in no evidential support whilst there may be one or two matters outstanding.
Looking at the information that has been provided by you, I take the view that it is unlikely to result in any useful intelligence and very unlikely to result in a prosecution. As it is ongoing, I believe the correct course of action is to leave the matter of discount for assistance to the Chief Executive, if it becomes appropriate.
There is, unfortunately, no other mitigation which has been put before the court which can reduce your sentence further. You will go to prison for a period of 11 years and 2 months.