COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
He was detained for Customs clearance when he arrived at the Hong Kong International Airport from Addis Ababa. An X-ray of his briefcase revealed 3 packets of drugs concealed in the inner layer of the case. He admitted that he was trafficking in those drugs.
Upon analysis the drugs were found to be 1.54 kilogrammes of a powder containing 0.72 kilogrammes of cocaine. The retail value of the drugs was in the region of HK$1.6 million.
By way of mitigation I am told the defendant is now aged 48, a citizen of Tanzania, with a clear criminal record. He claims to be divorced with a son now aged 12 and he has a girlfriend. A salesman of used televisions by occupation, he earned around US$400 per month prior to coming to Hong Kong and supplemented his income by going to China to buy mobile phones and resell them and that is the reason why he comes to Hong Kong. On this occasion it is said that he committed the present offence because he wanted to help out someone whom he had just met once or twice with no reward.
His counsel submits that by his guilty plea at the earliest possible instance, that shows his utmost remorse. Counsel also asks me to take into account his foreignness and to pass as lenient a sentence on him as possible.
In sentencing the defendant I have taken into account the nature of the offence, the kind of drugs involved, the sentencing authorities and tariff and guidelines, as well as mitigation advanced by counsel.
For trafficking in cocaine weighing between 600 to 1,200 grammes, a starting point of 20 to 23 years is to be adopted and the case of Abdallah Anwar Abbas reiterated that trafficking cases with an international element is an aggravating feature and for amounts above 1 kilogramme the enhancement would not be less than two years in addition to the guideline sentence. Obviously there are other authorities, for example Lau Tze Ho, listing up references as to the enhancement when the drugs involved are below 1 kilogramme.
I have taken all those into account, ie the amount of the drugs, the international factor and the foreignness of the defendant. I am of the view that a sentence of 21 years after trial would be appropriate. He is entitled to one-third discount for his guilty plea.
He goes to prison for 14 years.