CRIMINAL CASE NO. 122 OF 2012
COURT: Defendant, you were convicted upon your guilty plea of one count of trafficking in a dangerous drug.
In sentencing I have considered the whole circumstances of the case, including its nature and facts, in particular the nature and quantity of the dangerous drug concerned, your background and mitigation put forward on your behalf.
The facts of the case are simple and straightforward, they may be summarised as follows.
On 22 September 2011 you arrived at Hong Kong International Airport by a flight from Doha. You were intercepted by Customs officers and were sent to a hospital as internal concealment was suspected.
You subsequently discharged 39 pellets containing a substance which was later confirmed to be 0.61 kilogrammes of a slurry containing 0.34 kilogrammes of cocaine. The estimated retail value of the drug was about $570,000.
I was told that you are a Tanzanian citizen, now 25 years of age. You are divorced. You do not have any conviction record in Hong Kong. I was also told that you have received education up to primary school level and have been doing business in clothes retail.
In mitigation your counsel told me that you committed the present offence under the influence of your boyfriend. You felt obliged to help him since he had tried, despite without success, to trace your father who had left Tanzania for South America. I was told that you received no financial reward for the offence.
The Court of Appeal held in AG v Pedro Nel Rojas [1994] 2 HKCLR 69, that in a case of trafficking in cocaine the guidelines in R v Lau Tak Ming [1990] 2 HKLR 370, is applicable since the narcotic content of the two drugs is very closely aligned in their degree of harm.
In Lau Tak Ming a tariff of 12 to 15 years’ imprisonment was suggested for a case of trafficking in heroin of a narcotic content between 200 and 400 grammes.
I have to take into account the international element in the case. The facts show that you were a courier for international drugs trade. For this aggravating feature I am of the view that the starting point should be enhanced by 15 months.
Having considered the whole circumstances, in my judgment an ultimate starting point of 14 years and 3 months is appropriate.
You are entitled to a one-third discount for your guilty plea, your previous clear record and the remorse you have expressed.
Having considered the whole circumstances, including what learned defence counsel said on your behalf, I am of the view that this is the extent of discount you are entitled to.
I note that you are a foreigner. As Madam Justice Chu said in HKSAR v Lee Sin Seang CACC 341 of 2010:
“In serious offences like trafficking in dangerous drugs the personal circumstances of the accused, including the inconvenience of a foreigner serving a sentence in a local prison, will play a little part in mitigation.”
The view about foreigners serving imprisonment terms was echoed by Madam Justice Kwan JA, in the recent case of HKSAR v Medina CACC 296 of 2007.
By reasons of the matters aforesaid I sentence you to an imprisonment term of 9½ years.