CRIMINAL CASE NO. 395 OF 2010
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug involving 437.47 grammes of heroin hydrochloride and 75.54 grammes of monoacetylmorphine hydrochloride.
At about 3 pm on 20 April last year, the defendant was searched by a Customs officer while entering Hong Kong through the airport. His luggage was searched but nothing suspicious was found. Later on, the defendant was sent to Queen Elizabeth Hospital for medical examination. X-ray showed that there were foreign objects in his body. The defendant was arrested. In the next few days, the defendant excreted 80 pellets containing heroin hydrochloride and monoacetylmorphine hydrochloride.
The defendant is 28 years old. He is a national of the Republic of Mongolia. He has a clear record. He finished secondary education. He worked as a miner, a driver and a merchant before. His latest income was about HK$2,000 a month. He was unemployed at the time of the offence. The defendant is married with three young children. His father has retired and his mother suffers from heart disease.
He was promised a reward of US$6,000 for taking the drugs to Hong Kong. He had not been paid. There were heroin hydrochloride and monoacetylmorphine hydrochloride in the mixture. There is no dispute that both are dangerous drugs with similar potency. I would add the weight of the two drugs together for the purpose of sentencing.
The sentencing tariff in Hong Kong SAR v Lau Tak Ming [1990] Vol. 2 HKLR at 370 is applicable in this case. The starting point for trafficking 400 to 600 grammes of heroin should be 15 to 20 years’ imprisonment. The Court of Appeal also recommended enhancing the starting point where there is an international element. I bear in mind that the drug was taken into Hong Kong; the starting point should be enhanced. I would add 12 months to reflect this aggravating factor.
I have considered his mitigation and I see no reason to be lenient. The suffering of family members is not a valid mitigating factor.
Having considered the total amount of drugs and the mitigation put forward on his behalf, I take 17 years and 10 months as the starting point. The final starting point is 18 years and 10 months after enhancement. I deduct 6 years and 3 months for his plea.
There being no other reasons for further reduction, I sentence the defendant to 12 years and 7 months’ imprisonment.