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HCCC 235/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 235 OF 2013
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HKSAR |
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JOBITA Pamela Achieng |
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| Date: |
13 August 2013, at 10.44 am |
| Present: |
Mr P J Power, SADPP, of the Department of Justice, for HKSAR |
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Mr Alan Ng Man‑sang, instructed by K H Yuen & David Cheung, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, you have been committed to this court for sentence having pleaded guilty in the court below to an offence of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, Laws of Hong Kong, the particulars being that you, on 23 December of last year at Hong Kong International Airport, unlawfully trafficked in 0.42 kilogrammes of heroin hydrochloride.
The Summary of Facts which you have agreed establish that you arrived here on a flight from Bangkok where four packets of drugs were found from your vagina. You were taken to Queen Elizabeth Hospital where you discharged a further 86 packages of drugs.
The drugs are worth a total of $830,000, or thereabouts, and you told the authorities that you were to receive a reward of some US$4,000 for carrying the drugs here.
In sentencing you, I take into account all that has been said on your behalf by your counsel but it is your plea of guilty to this offence that is the only real mitigation.
The case of R v Lau Tak Ming [1992] HKLR 370 contains guidelines for sentencing in trafficking in heroin and for quantities between 400 to 600 grammes, the normal starting point falls between 15 to 20 years’ imprisonment. In this case, the court is dealing with 420 grammes of heroin and, accordingly, I take as my starting point a sentence of 15½ years’ imprisonment.
I will enhance that sentence by 1 year to take account of the aggravating feature that exists in that there is an international element involved obviously by you bringing these drugs into Hong Kong from overseas, coming to 16½ years’ imprisonment.
I give you the full one-third discount in sentence to reflect your plea of guilty arriving at 11 years’ imprisonment.
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