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HCCC 400/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 400 OF 2014
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HKSAR |
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BASIKORO Spelogia Chimwemwe |
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| Before: |
Deputy High Court Judge S D’Almada Remedios |
| Date: |
2 July 2015 at 9.56 am |
| Present: |
Ms Grace Chan, SPP of the Department of Justice, for
HKSAR |
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Mr Martyn Richmond, instructed by Krishnan & Tsang,
for the accused |
| Offence: |
Trafficking in dangerous drugs(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 pleaded guilty to a charge of trafficking
in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. This plea was entered before the magistrate and you were committed to the High Court for sentence.
You have admitted that on 16 February 2014, at the Hong Kong International Airport, you unlawfully trafficked in 1.97 kilogrammes of a mixture containing 1.15 kilogrammes of heroin hydrochloride and 0.20 kilogrammes of monoacetylmorphine hydrochloride.
You arrived in Hong Kong on 16 February 2014 from Johannesburg. However, upon arrival, you were refused entry to land. Upon customs clearance at the arrival hall, a false compartment was found in your suitcase. Upon examination, the drugs as mentioned in the charge were found in that compartment.
Mr Martyn Richmond, your counsel, has mitigated fully and thoroughly on your behalf. I have taken into account all that he has had to say.
You come from Harare, Zimbabwe. You are now aged 22 and are single. At the time of commission of this offence, you were 21. Your native language is Shona, although I am told you speak English to a degree. You live with your parents and three siblings. Your mother is a housewife, whereas your father lives and works in Mozambique and sends money back to support the family.
I am informed that prior to coming to Hong Kong, you were studying for a diploma at a college in electrical installation. Your aunt had provided you with finance in your first year, however, she was unable to pay for your second year. You were concerned that you would not complete the course and therefore find difficulty in supporting yourself.
Through your ex-boyfriend, you had met a Nigerian man in Zimbabwe. This Nigerian man knew of your tight financial constraints and therefore offered you a lot of money to carry these drugs in your luggage. Because of your financial constraints and your concern for your future, you agreed to travel with these drugs from South Africa to Hong Kong.
You travelled from Harare to Pretoria to meet this Nigerian man. He gave you the suitcase which contained the drugs, however, you did not know the exact nature of the drugs, nor the weight. Your reward for safely delivering the drugs would be US$12,000. The Nigerian man provided your air ticket and would pay for your stay in Hong Kong. You were told that once you arrived you were to contact someone and then someone would collect the suitcase from you.
It is very unfortunate that a young person like you, who had the ability to study and learn and be educated, was sucked into committing such a very serious offence. You were a courier of these drugs. As you have heard your counsel in mitigation, the courts in Hong Kong have established clear guidelines for sentencing in these very serious offences.
The total narcotic which you trafficked was the amount of 1.35 kilogrammes of heroin. The guidelines for heroin were set down in The Queen v Lau Tak Ming and this was supplemented for larger amounts of narcotic of over 600 grammes in Hong Kong SAR v Abdallah Anwar Abbas. The starting point for that amount of narcotic in following the guideline in the authority is one of 23 years’ imprisonment and that is the starting point which I shall adopt.
This offence is aggravated by the fact that you had brought these drugs into Hong Kong from abroad. There is therefore an international element involved and as the drugs are over 1 kilogramme, your starting point shall be enhanced.
Defendant, I adopt an enhancement to the starting point of 2 years’ imprisonment, which makes the overall sentencing point of 25 years’ imprisonment.
You entered a very early plea of guilty. You are therefore entitled to a full one-third discount for your timely plea.
In the circumstances, you shall be sentenced to 16 years’ and 8 months’ imprisonment.
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