HKSAR v. Rosales Taricuarima Martha Luz

Case No.HCCC 148/2025[2025] HKCFI 4472
Court
High Court CFI
Date28 Jul 2025
Judge
Case Document
100%

HCCC 148/2025

[2025] HKCFI 4472

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 148 OF 2025

________________________

  HKSAR  
  v  
  Rosales Taricuarima Martha Luz  

________________________

Before:  Hon Andrew Chan J
Date:  28 July 2025 at 11.10 am
Present:  Ms Clara Ma, SPP of the Department of Justice, for HKSAR
  Ms Patricia Elisa Alva, instructed by Betty Chan & Co, 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

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

In the afternoon on 24 March 2024, the defendant was stopped by Customs officers at the arrival hall of the Hong Kong International Airport. She travelled from Brazil to Hong Kong. Suspecting internal concealment, the defendant was sent for medical examination. 44 pellets of cocaine were discharged subsequently in hospitals. The total quantity was 777 grammes.

In a subsequent video-recorded interview, the defendant admitted that she was promised a reward of US$2,500 if she were successful in delivering the drugs in question.

The street value was estimated to be over HK$1.4 million.

The defendant is now 54, educated up to primary school level. Prior to her arrest, she ran a cooked food store in a wet market.

Starting point for trafficking in 777 grammes of cocaine, based on quantity alone, is one of 17 years’ imprisonment. The defendant in this case acted as a courier, taking drugs across countries and continents and ultimately bringing the drugs into Hong Kong. So in this particular case, international trafficking was involved.

Similarly, the modus operandi involved the ingestion of drug pellets prior to her departure. The plan was much more elaborate. Therefore, in my view, her culpability should be beyond a simple courier delivering drugs in the streets of Hong Kong. The criminality should therefore be enhanced to reflect that fact. As such an extra 1 year will be added.

The only mitigating factor in this case is the defendant’s earliest plea. For that, she is entitled to the one-third full discount.

In conclusion, for the offence the defendant stands convicted, she is therefore sentenced to 12 years’ imprisonment.