COURT: I have to sentence you for trafficking in dangerous drugs. The drug in question was heroin, and you were caught at our airport, having concealed inside your body 330 grammes of it.
You will have been told that sentences for drug trafficking in Hong Kong are based upon guidelines which are in turn based upon the nature and quantity of the drug. You fall in the guideline bracket for heroin that runs from 200 grammes to 400 grammes, attracting a starting point after trial of 12 to 15 years’ imprisonment.
It is also sentencing practice here that because an international element is involved, that starting point taken within that bracket has to be increased to some extent.
I am afraid your case is very similar to many others that come before this court. I will deal with you on the basis that you were just a simple courier. I have read your letter. I will accept that you are remorseful. I remember you pleaded guilty at the earliest opportunity. I suspect you had no real idea of what you were getting yourself into when you agreed to carry these drugs, and I suspect the idea of some easy money blinded you to any risk that you did perceive.
The sentences here are long ones, but it is unfortunately the case that mostly we impose them on the least involved in the criminal enterprise. It is rare we get the people who organise these things. It is often that I have to deal with simple couriers like yourself.
Whilst in no way to be seen being soft upon drugs, because of your role in this and the sort of woman you are, I put you at the bottom of the bracket, because the question of sentencing in these cases is not just entirely a question of mathematics. Mathematically you are in the middle of the bracket. So instead of taking 13½ year starting point, I will start the process of fixing upon one of 12 years.
The standard enhancement for the international element is 2 years for amounts in excess of 1 kilogram. It is my understanding that the judges here, for amounts between 500 grammes and 1 kilogram, will take 1 year’s enhancement. It is not particularly clear what judges do with amounts less than 500 grammes.
In your case, I shall regard the international element as an aggravation that attracts 6 months.
Accordingly, after trial, the sentence would be one of 12½ years. You earn a one-third discount for your plea of guilty.
That gives a sentence of 8 years and 4 months.
I know that will seem a long time to you, but believe me, I judge that to be the least sentence you could actually have hoped for.
So the sentence is 8 years 4 months.