HKSAR v. Mary Adhiambo Opollo

HCCC298/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 298 OF 2008

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HKSAR

v.

Mary Adhiambo Opollo

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Before:  Hon McMahon, J

Date: 24 March 2009 at 10.15 am

Offence:  Trafficking in a dangerous drug (販運危險藥物)

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

COURT:  This is my sentence and the reasons for it.

1. The defendant, who is a 36-year-old Kenyan female, arrived at Hong Kong International Airport on 6 July, 2008, on a flight from Calcutta via Bangkok.  She was intercepted by Customs officers, searched, and later examined at Queen Elizabeth Hospital.  A total of 99 pellets were found to have been concealed in her body, containing a total of 583.65 grammes of heroin.  Under caution, the defendant admitted that she was to deliver the pellets to a person in China and was to be paid US$3,000. 

2. I take an initial starting point of sentence of 18 years’ imprisonment.  I enhance that to 19 years’ imprisonment given the international dimension of the offence. 

3. The defendant apparently is HIV positive and is being treated by the Hong Kong prison authorities for that illness.  As the law stands in Hong Kong, that is not a matter which amounts to any substantial mitigation of the offence.  See Chan Kui Sheung [1996] 3 HKC at 279, which approved R v Moore, Richard [1994] 15 Cr.App.R. (S) at page 97, in that regard.  The only mitigation therefore available to the defendant is her plea of guilty, and for that I allow her the full discount. 

4. That results in a sentence of 12 years 8 months’ imprisonment.