HKSAR v. Riziki Riziki Hamduni

HCCC230/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 230 OF 2009

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

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COURT: Stand up, please, Mr Hamduni. The defendant pleaded guilty before a magistrate to an offence of trafficking in 958.39 grammes of heroin, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The matter was committed to this court for sentence.

The facts of the case are straightforward. The defendant was arrested at Hong Kong International Airport after his arrival on a flight from Kenya. The Customs officer who searched the defendant noticed that there appeared to be lumpy foreign objects in the defendant's abdomen. The defendant was sent to Queen Elizabeth Hospital for examination, and over the next two days the defendant discharged 106 pellets containing heroin.

On the basis of the guidelines suggested in R v Abdallah Anwar Abbas, CACC304/2008, and taking into account the quantity of drug involved, I take a starting point of 21 years' imprisonment. That is enhanced to 23 years' imprisonment given the international dimension of the offence.

The defendant's background was put before me. He is married, with two young children. His family depend upon him for support, but there is unfortunately nothing unusual in that in this sort of case. The only mitigation of substance is the defendant's plea of guilty. He is entitled to the full discount in that regard.

His sentence is therefore reduced to one of 15 years 4 months' imprisonment.