CRIMINAL CASE NO. 1 OF 2011
COURT: The defendant pleads guilty to one count of trafficking in dangerous drugs involving 870 grammes of a mixture containing 520 grammes of heroin hydrochloride.
In the evening, on 11 July 2010, the defendant was intercepted by a customs officer while entering Hong Kong by air from Bangkok. His luggage was searched but nothing suspicious was found. He was sent to Queen Elizabeth Hospital for x-ray. Foreign objects were found inside his abdomen. Later, in Queen Elizabeth Hospital he discharged 60 pellets of heroin hydrochloride, the subject matter of the charge. The market value was about $686,000. The defendant admitted under caution that the pellets were given to him by a male in Bangkok. He swallowed and brought them to Hong Kong for a reward of US$3,000.
The defendant is 38 years old. He has a clear record in Hong Kong. He holds a Zambian passport. He received education up to primary 5. He is married with a three‑year‑old son. He lives in Nigeria with his family. He had operated a second-hand CD shop in Nigeria and had also traded in sand. In early 2010 he went to Bangkok to work. He traded in clothing and earned about US$500 per month. He submitted a letter indicating his remorse and pleaded for leniency.
The case of HKSAR v Lau Tak Ming([1990] 2 HKLR 370) is applicable in this case. The starting point for trafficking in 400 grammes to 600 grammes of heroin should be 15 to 20 years. I bear in mind that there is also a foreign element in the present case as the heroin was taken to Hong Kong from Bangkok. The starting point should be enhanced to reflect this aggravating factor.
The defendant committed the offence because of economic reasons. There is no reason to depart from the principles set out in the authorities.
Having considered the amount of heroin, his background and the mitigation, I take 18 years as the starting point. I enhance the starting point by 6 months to reflect the international element. I deduct 6 years and 2 months for his plea. There being no other reasons for further reduction, I sentence the defendant to 12 years and 4 months’ imprisonment.