CRIMINAL CASE NO. 270 OF 2012
COURT: The defendant pleads guilty to one count of trafficking 570 grammes of cocaine.
At about 3.30 pm on 8 March, year 2012, the defendant was intercepted by Customs officers at the arrival hall of the Hong Kong International Airport. Upon search, the officer found 30 pellets of cocaine wrapped around his body at his back. Later, the defendant was admitted to Queen Elizabeth Hospital for further examination. He discharged a total of 57 pellets of cocaine during his stay in the hospital.
Under caution, he admitted taking the drug to Hong Kong from Colombia for his creditor. According to the Customs & Excise Department, the market value of the cocaine was about HK$1.1 million.
The defendant is 38 years old. He has a clear record in Hong Kong. He is married with three children from 4 to 9 years old. He used to be a garment merchant earning about US$250 to 500 a month. Two years ago, his business started to make a loss due to economic crisis. His debt accumulated to US$20,000. He could not repay the debt and was asked by his creditor to take the drug to Hong Kong to settle the debt.
After his arrest, his family is in financial difficulties. According to HKSAR v Lau Tak Ming, for trafficking in 400 to 600 grammes of cocaine, the sentence should be 15 to 20 years’ imprisonment. The cocaine was taken from Colombia to Hong Kong. The sentence should be enhanced to reflect this aggravating factor.
Having considered the amount of cocaine, the background of the defendant, I take 19 years and 3 months’ imprisonment as the starting point. I add 6 months to reflect the international element. The final starting point is 19 years and 9 months’ imprisonment.
I deduct 6 years and 7 months for his plea. Financial difficulties and family suffering are not valid grounds for further reduction.
I sentence the defendant to 13 years and 2 months’ imprisonment.