CRIMINAL CASE NO. 321 OF 2010
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, namely, cocaine. The amount of cocaine was 2,620.55 grammes.
At about 7 pm on 27 April 2010, the defendant was intercepted by a Customs officer for random check while entering Hong Kong through the airport. She was from Addis Ababa, Ethiopia. Her suitcase was searched. Two packets wrapped in plastic adhesive tapes were found inside a concealed compartment at the bottom of the suitcase. These packets contained the cocaine as set out in the charge.
The defendant initially denied knowledge of the drug in the suitcase. She now admits that a friend, Marianne, asked her to import the cocaine to Hong Kong for a reward of US$4,000. According to the Customs & Excise Department, the retail price for this quantity of drug was about HK$2.7 million.
The defendant is 32 years old. She holds a Kenyan passport. She was educated up to primary level. She lives with her younger brother and sisters in Kenya. She is a widow. Her daughter is eight years old. She is a businesswoman selling ladies garments and she earned about US$500 per month. She has a clear record in Hong Kong. She is not a drug addict.
The defendant explains that in 2009 her business substantially dropped because of a fire. She was in debt. She was persuaded by her friend to take the drug to Hong Kong.
I have considered the mitigation letter submitted by the defendant. She is remorseful and pleads for mercy because of her family circumstances. Her mother is suffering from diabetes and is HIV positive. While her family may suffer because of her imprisonment, this is seldom a valid ground for leniency.
Trafficking in dangerous drugs is a serious offence which warrants stiff sentence. For trafficking in cocaine, the sentencing tariff set out in HKSAR v Abdallah [2009] 2 HKLRD 437 is applicable. For 2,620.55 grammes of cocaine, the starting point should be 23 to 26 years’ imprisonment. Given the amount of cocaine, the starting point should be 24 years and 6 months’ imprisonment. The cocaine was brought into Hong Kong from Ethiopia. This is an aggravating factor which warrants further enhancement of the starting point for 2 years.
I take the final starting point at 26 years and 6 months’ imprisonment. Her guilty plea entitles her to a reduction of 8 years and 10 months’ imprisonment. I have considered her background and the circumstances of the offence. There is no valid reason for further reduction. I sentence the defendant to 17 years and 8 months’ imprisonment.
Please refer to CACC91/2012 for the relevant appeal(s) to the Court of Appeal.