CRIMINAL CASE NO. 240 OF 2009
COURT: The defendant pleads guilty to one count of trafficking in dangerous drugs involving 1209.88 grammes of a mixture containing 748.29 grammes of heroin hydrochloride.
At about 1.35 pm, on 20 February 2009, the defendant was intercepted by a Customs Officer while entering Hong Kong through the airport. She was then searched. Subsequently, Customs Officers found heroin hidden inside the covers of four story books. The defendant knew these were dangerous drugs. Her luggage was further searched but nothing suspicious was found. The total amount of heroin hydrochloride was as set out in the charge. The market value was about $607,359.
The defendant is 21 years old. She has a clear record in Hong Kong. She is single and is a high school graduate. She worked as a freelance telephone operator in the Philippines earning a monthly salary of 6,000 pesos. She is not an addict. The defendant admits that she was out of job since January 09. She agreed with a neighbour to carry goods from Malaysia to China and was promised a reward of US$1,000. She was handed over the story books by a male, named Tony, in Kuala Lumpur. She was told that these books contained dangerous drugs.
Defence counsel, Mr Chau Hing Pang, refers me to HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197. The starting point for trafficking in 600 grammes to 1200 grammes of heroin should be 20 to 23 years. However, this tariff case was decided after the present offence which was committed on 20 February 2009.
In my view, the sentencing principles in HKSAR v Garcia Palacios Marco Antonio CACC154/2007 should be applicable. In this case, Yeung J pointed out that a starting point of 22 years would be appropriate for trafficking in about 857 grammes of cocaine involving a foreign element. I bear in mind that there is also a foreign element in the present case as the heroin was taken to Hong Kong from Kuala Lumpur. The starting point should be enhanced to reflect this aggravating factor.
The defendant committed the offence because of economic reasons. I see no reason to be lenient. Immediate custodial sentence is warranted. There is no reason to depart from the principles set out in the authorities. Having considered the amount of heroin, her background and the mitigation, I take 21 years as the starting point. I deduct 7 years for her plea. There being no other reasons for further reduction, I sentence the defendant to 14 years' imprisonment.