She arrived at the Hong Kong International Airport. She was intercepted after she was refused to land from Kenya. Her belongings were searched and she was then taken to a hospital and eventually a total of 31 pellets of drugs were discharged from body. She refused to answer any questions under caution.
Upon analysis the drugs were found to be 0.28 kilogrammes of a mixture containing 0.15 kilogrammes of heroin hydrochloride. The retail value of the drugs at that time was estimated to be around HK$231,000.
By way of mitigation, I am told that the defendant is now aged 43, borne in Tanzania, with a clear criminal record in Hong Kong. She was married, has two children, has a business back in her own country. Counsel submitted that she was the sole breadwinner in her family, which, apart from the two children, also has an elderly mother in her 80s. It is also advanced that the defendant is HIV positive which affects her health vastly.
In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, the sentencing authorities and tariffs, as well as mitigation advanced by counsel and the defendant’s guilty plea, which reflects her remorse. I have also perused the contents of a handwritten letter, with translation, by this defendant. I have also considered the case of De Villiers CACC412/2012, submitted by counsel, to show that for as much as 370 grammes of heroin, the enhancement of 6 months was considered appropriate by the Court of Appeal.
According to Lau Tak Ming, for trafficking in heroin weighing between 50 to 200 grammes, a starting point of 8 to 12 years is to be adopted. The present case involves 0.15 kilogrammes of heroin hydrochloride. The appropriate starting point should be 9 years and 9 months. The case of Abdalla Anwar Abbas made it clear that for trafficking with international element, in the amount of about 1 kilogramme of heroin, the enhancement would not be less than 2 years’ imprisonment.
Taking into account the international factor, I enhance the starting point by 9 months. From that 10 and a half years, the defendant is given the full one-third discount for her plea of guilty; that results in 7 years’ imprisonment.
Her family circumstances, health conditions, which do not show her life expectancy, at least for the time, being be compromised in any way, do not warrant any further discount.
7 years’ imprisonment.