COURT: The defendant pleads guilty to one charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
He was intercepted by Customs Officers when he arrived at the Hong Kong International Airport from Addis Ababa. He was escorted to the hospital for examination. X-ray examination showed foreign objects inside his body and he subsequently discharged 56 packages of drugs.
Upon analysis, the drugs were found to be 0.81 kilogramme of a mixture containing 0.38 kilogramme of heroin hydrochloride. The market value of the drugs found was in the region of HK$652,000.
The defendant was born in Tanzania. He is now aged 34 and has a clear record in Hong Kong.
By way of mitigation I am told that he is married and has two sons, aged below five and two years old. It is submitted that he used to trade in second‑hand clothing and later on was involved in taxi and agricultural business. Eventually the taxi and agricultural business collapsed and he found himself in financial difficulties. He reverted back into buying and selling old clothing and travelled to China to purchase the old clothing to sell. It was on his way that he was tempted to commit this present offence to make quick money.
It is said that he was being offered a reward of US$6,000 on completion of delivery but none of such has been received.
I am told that he has reflected on his wrongdoing and is extremely remorseful. He demonstrated his remorse by pleading guilty.
In sentencing drug-related offences very little credit is given by the courts to factors other than a defendant’s guilty plea. The tariff is one based on the weight of the narcotics. I have taken into account all that could have been said by his counsel and also his guilty plea.
The narcotic content of heroin hydrochloride in the present case is 0.38 kilogrammes. For trafficking between 200 to 400 grammes of heroin hydrochloride the tariff is one between 12 to 15 years. So, in respect of the present narcotics, the starting point should be one of 15 years’ imprisonment.
Taking into account the international factor I enhance 1 year from that starting point to 16 years. From that I shall give him the full one-third discount for his plea. There is nothing else in this case which warrants a further discount.
He is sentenced to 128 months’ imprisonment, that is, 10 years and 8 months.
Please refer to CACC215/2014 for the relevant appeal(s) to the Court of Appeal.