HKSAR v. Mbambo Zinhle Yolanda

Case No.HCCC 139/2024[2025] HKCFI 488
Court
High Court CFI
Date29 Nov 2024
Judge
Case Document
100%

HCCC 139/2024

[2025] HKCFI 488

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 139 OF 2024

________________________

  HKSAR  
  v  
  Mbambo Zinhle Yolanda  

________________________

Before:  Hon Andrew Chan J
Date:  29 November 2024 at 9.44 am
Present:  Mr Raymond H M Chan, PP of the Department of Justice, for HKSAR
  Mr Richard David Donald, instructed by Cheng & Ng, assigned by DLA, for the accused
Offence:   Trafficking in a dangerous drug (販運危險藥物)

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

________________________


COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. She is committed to his court for sentence.

In the afternoon on 2 December 2022, the defendant was intercepted by customs officers when she passed through the nothing to declare channel of the Hong Kong International Airport. She flew from South Africa via Malaysia to Hong Kong.

Upon a search of her suitcase, 707.9 grammes of cocaine was found inside some false compartments. The defendant was then arrested. With her assistance, a controlled delivery operation was mounted. The operation, however, turned out to be unsuccessful.

Under caution, the defendant admitted that she agreed to carry the cocaine in question to Hong Kong for financial reward. She knew cocaine being concealed inside her suitcases.

The street value was estimated to be over HK$680,000.

The defendant is now 34, single, South African national. Prior to her arrest, she worked as a chef.

Guidelines for sentencing are clear. The notional starting point for trafficking in 707.9 grammes of cocaine is one of 20 years and 6 months’ imprisonment. In this case, although the defendant was acting as a courier, there is, however, in existence, the international element. Given the amount is not huge, an additional 6 months would be added.

Despite the fact that the controlled delivery operation turned out to be unsuccessful, in my view, the defendant is still entitled to a small discount, slightly than 5 per cent in this case for all she did was to make just a telephone call.

In this case, the overall discount given to the defendant would be one of 38 per cent. This slightly less than 5 per cent discount will also include mitigation letters provided by Father Wotherspoon and Reverend Esther To.

In conclusion, for the sole offence the defendant stands convicted, she is therefore sentenced to 13 years’ imprisonment.

I/we certify that to the best of my/our ability and skill, the foregoing is a true transcript of the audio recording of the above proceedings
BT Sig
Bruce Jericho Fuellas Torres
Date: 4 December 2024