CRIMINAL CASE NO. 226 OF 2009
COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
The defendant arrived at the Hong Kong International Airport from Ho Chi Minh City, Vietnam. Her suitcases were searched by Custom officers, and a number of bags containing drugs were found in the cover of five hardback books. She claimed that she had bought those books in Vietnam for her children in the Philippines, and she was on her way to China via Hong Kong to source products for resale in the Philippines.
Upon analysis, the drugs were found to be 2,671.32 grammes of a mixture, containing a total of 1,940.39 grammes of heroin hydrochloride. The retail value of the heroin was approximately HK$2.1 million.
The defendant is aged 43. She has no criminal record in Hong Kong. By way of mitigation I was told that the defendant was separated from her husband. She has two sons aged 15 and 18, and they are still receiving full time education. I was told that her mother suffered from cancer and had undergone expensive operations and treatments, and she has been financially responsible for the mother and her two sons. On this occasion she was persuaded into delivering the drugs from Vietnam to Hong Kong, and then to China, for financial gain.
In sentencing the defendant I have taken into account the nature of the offence, the kind of drugs involved and the sentencing authorities and tariffs. According to the case of Lau Tak Ming, trafficking in heroin weighing above 600 grammes, a starting point of more than 20 years is to be adopted.
It is common grounds that the defendant committed this offence before the new guidelines in the case of Abdallah Anwar Abbas, CACC304/2008, were set down by the Court of Appeal, and it is conceded that those new guidelines do not apply in the present case.
I have reviewed the following post-Anwar cases involving international element, but likewise which were committed before the new guidelines were pronounced. That is the Umangal case, CACC298/2008, which involves 1.45 kilograms of heroin hydrochloride. The Court of Appeal approved of a 24 years starting point. The case of Mohamed Omar Ally, CACC407/2008, involves 1,074.59 grammes of heroin hydrochloride. A starting point of 23 years was approved. In the case of Wu Chun Yu, CACC397/2008, involved 2,714.43 grammes of heroin hydrochloride, a starting point of 26 years was approved.
Defence counsel has stressed on the case of Ban Ping Yu, CACC102/2000. The accused there arrived in Hong Kong from Bangkok and was found to be in possession of 2,298.09 grammes of heroin hydrochloride. A starting point of 24 years was approved by the Court of Appeal. The Court of Appeal in the case of Ho Kam Fu, CACC402/2003, said that for 2.91 kilograms of heroin the starting point should be one of not less than 25 years.
Having reviewed those authorities and taking into account the international factor and the amount of drugs involved in the present case, I adopt a starting point of 24 years, and give the defendant one-third discount for a plea of guilty.
She is sentenced to 16 years’ imprisonment.