CRIMINAL CASE NO. 282 OF 2011
COURT: The defendant pleads guilty to one count of trafficking 3.13 kilogrames of heroin hydrochloride.
At about 11 am on 7 March 2011 the defendant arrived at the Hong Kong International Airport from Kuala Lumpur. She was intercepted by a Customs officer at the green zone. Her suitcase was searched. There were six photo albums found.
In the front and back covers of each album a slab of heroin hydrochloride was concealed. There were a total of 12 slabs. She admitted to the Customs officer that she intended to take the drug to Guangzhou. She did it for her friends, Rem and Mami.
The estimated retail value of the drug was HK$3.6 million.
The defendant is 25, she has a clear record. She holds a Malaysian passport. She was educated up to secondary school. She is single, living with her mother in Kuala Lumpur. She worked as a customer service officer, earning about 1,200 ringgits a month. After a traffic accident she had a part-time job earning about 600 ringgits. She is not an addict.
The defendant explained that she was lured into the plot by her friends; a Nigerian male called Jonathan and two Filipina women, Rem and Mami. She admitted she was greedy for the fast money. While she knew there were dangerous drugs concealed in the albums, she was not told the quantity and nature of the drug.
The defendant filed a letter expressing her remorse and asked for leniency.
The case of HKSAR v Abdallah ([2009] 2 HKLRD 437) is applicable. The starting point for trafficking in 1,200 grammes to 4,000 grammes of heroin hydrochloride should be 23 to 26 years’ imprisonment.
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 for financial gain. I see no reason to be lenient. Immediate custodial sentence is warranted.
The fact that she might suffer additional hardship as a foreign prisoner is no mitigation. Defence counsel, Ms Yip, stressed that the defendant has been very cooperative since her arrest, however there was no positive result from the further investigation. Nevertheless, I would still give her some reduction in sentence.
Having considered the amount of heroin, her background and the mitigation, I take 25 years as the starting point. I enhance the starting point by 2 years for the international element. I deduct 9 years for her plea. I further deduct 1 year for her cooperation with the Customs & Excise Department.
I sentence the defendant to 17 years’ imprisonment.
Please refer to CACC213/2012 for the relevant appeal(s) to the Court of Appeal.