CRIMINAL CASE NO. 245 OF 2010
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug involving 985.1 grammes of a mixture containing 548.53 grammes of heroin hydrochloride.
At about 9.45 am on 26 March this year, the defendant arrived at the Hong Kong International Airport from Dhaka. She was intercepted by a Customer officer while she was about to take a ferry to the Mainland. She was carrying a shoulder bag. A Customs officer searched the bag and found a consignment note in relation to a suitcase.
Customs officers took her to identify the suitcase and searched its content. Three cans containing the drugs set out in the charge were found. Later, in a video interview, the defendant said that a friend gave her the suitcase and the cans. She was instructed to deliver the suitcase from Dhaka to China. According to Customs and Excise statistics, the market price for this quantity of drug was about $823,543.6.
The defendant is now 40 years old. She was born in South Africa. She was divorced with two daughters, 19 and 14 respectively. She has a clear record in Hong Kong and South Africa. She worked as a freelance secretary at the time of the offence. She has a boyfriend in Dhaka. She claims that she would be given a computer as a reward.
The sentencing tariff of HKSAR v Lau Tak Ming, [1990] 2 HKLRD 370, is applicable. For 400 to 600 grammes of heroin hydrochloride in this case the sentence should be 15 to 20 years’ imprisonment.
I bear in mind that the heroin was intended to be taken from Dhaka via Hong Kong to China. The starting point should be enhanced to reflect this aggravating factor.
Having considered the amount of heroin hydrochloride, the background of the defendant and the mitigation by counsel, I take 18 years and 9 months as the starting point. I add one year for the international element.
The final starting point is 19 years and 9 months’ imprisonment. I deduct 6 years and 7 months for her plea. There is no further ground for leniency.
I sentence the defendant to 13 years and 2 months’ imprisonment.
Please refer to CACC16/2014 for the relevant appeal(s) to the Court of Appeal.