CRIMINAL CASE NO. 6 OF 2011
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug, involving 587.88 grammes of heroin hydrochloride and 111.91 grammes of monoacetylmorphine hydrochloride.
At about 9 pm on 18 July last year, the defendant was selected by a Customs Officer for Customs clearance while entering Hong Kong through the Airport. His luggage was searched but nothing suspicious was found.
Later on, the defendant was sent to Queen Elizabeth Hospital for a medical examination. There were foreign objects found in his body. He admitted to the Customs Officer that he had swallowed about 80 pellets of dangerous drug earlier on. In the next few days, he excreted 80 pellets containing heroin hydrochloride and monoacetylmorphine hydrochloride.
The defendant admitted under caution that a man nicknamed “Chairman” arranged for him to take the drugs to Hong Kong. He would be given a reward of US$2,000. The street value of the drugs involved was about HK$800,000.
The defendant is 34 years old. He is a national of the Republic of Guinea. He lived in Nigeria all along. He is married with two young children, 4 years and 3 months old. He is a merchant trading in accessories of mobile phones, computers and garments. He also studied part-time in a university in mechanical engineering. His income was about US$1,050 per month. He was the sole breadwinner of the family. His aged mother and sick brother also depended on him.
When he left Nigeria in May 2010, he had a genuine motive to develop his business and was keen to source goods in Thailand and Hong Kong. However, as his brother’s condition deteriorated, he was in need of money to pay the medical expenses. He was lured into the present offence by “Chairman”. He is very regretful now. He is not a drug addict.
The defendant submits a letter indicating his remorse and tenders his apologies. He appreciates the serious nature of this offence. As counsel, Miss Crebbin, rightly points out, family suffering and clear record weigh very little in mitigation in this kind of offence.
The defendant should have realised that his conduct has created great potential risk to the society of Hong Kong. This court would not treat it leniently, albeit that a long prison term might result in hardship to the defendant and his family.
I notice that there was another drug, monoacetylmorphine hydrochloride, present in the mixture. There is no dispute that both heroin hydrochloride and monoacetylmorphine hydrochloride are dangerous drugs with similar potency. I would add the weight of the two drugs together for the purpose of sentencing.
The sentencing tariff in HKSAR v Abdallah Anwar Abbas [2009] 2HKC 197 is applicable in this case. The starting point for trafficking 600 grammes to 1,200 grammes of heroin should be 20 to 23 years’ imprisonment.
In Abdallah the Court of Appeal also recommended enhancing the starting point where there is an international element. I bear in mind that the drug was taken to Hong Kong from Bangkok. The starting point should be enhanced to reflect this aggravating factor.
I have considered the mitigation of the defendant and I see no reason to be lenient.
Having considered the total amount of heroin hydrochloride and the monoacetylmorphine hydrochloride, and also the mitigation put forward on his behalf, I take 20 years and 6 months as the starting point. I add 12 months to reflect the international element in this case. The final starting point is 21 years and 6 months.
I deduct 7 years and 2 months for his plea. There being no other reasons for further reduction, I now sentence the defendant to 14 years and 4 months’ imprisonment.