HKSAR v. Facchinetti Deise Carolaine

HCCC 422/2024

[2025] HKCFI 5549

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 422 OF 2024

-----------------

-----------------

---------------------------------

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

---------------------------------

COURT: D3 has pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4 of Dangerous Drugs Ordinance and is committed to this court for sentence. On 8 May 2023, D3 was intercepted by a customs officer on her arrival to Hong Kong from Dubai at the Hong Kong International Airport. Suspecting internal concealment, D3 was sent to hospital for medical examination. A total of 100 packets containing 641 grammes of cocaine was excreted from her body.

The street value of the cocaine seized was estimated to be over HK$870,000.

D3 is now 26, a Brazilian national educated up to secondary school level. Prior to her arrest, she was a waitress making HK$1,300 a month. She has a clear record. Starting point for trafficking in 641 grammes of cocaine is one of 16 years and 6 months’ imprisonment.

There are aggravating factors in the present case, namely drugs being taken across countries and continents into

Hong Kong, and drugs being concealed inside her body. These two factors mark the difference between the present case and those cases where a courier is delivering drugs in the streets of Hong Kong. As such, the starting point is enhanced to one of 17 years and 6 months’ imprisonment.

A full one-third discount is given to D3 for her earliest plea. An additional 3 months will be given to D3 for her assistance to Father Wotherspoon’s programme in combatting drug trafficking.

For the offence D3 stands convicted, she is therefore sentenced to I believe 137 months’ imprisonment, ie 11 years and 5 months.