COURT: Defendant, you were convicted upon your guilty plea of one count of trafficking in a dangerous drug.
In sentencing, I have considered the whole circumstances of the case, including its nature and facts, in particular the nature and quantity of the dangerous drug concerned, your background, and mitigation put forward on your behalf.
The facts of the case may be summarised as follows. On 23 April 2012, you arrived at Hong Kong by a flight from Uganda via Dubai. As you were suspected of having internal drug concealment, you were escorted to a hospital for medical examination. X-ray and medical examination revealed that there were foreign objects inside your body cavity.
Upon being arrested, under caution you said you had swallowed some 95 number of substance given to you by another person in your country for a reward of US$2,000. You were not sure what you had swallowed.
When you were in hospital you discharged a total of 95 pellets containing what was later confirmed to be 1100.19 grammes of a mixture containing 660.54 grammes of cocaine.
The market value of the drug was about $1.28 million in April 2012.
I was told that you are a citizen of Uganda, now 39 years of age. You are married, with seven children aged from 6 to 22. I was also told that you were a businesswoman, merchandising in children’s wear and toys. Your husband is an agriculturist. Two of your children are studying in university, three at high school and two at primary school.
In mitigation, your counsel urged me to note that you have a clear record not only in Hong Kong, but also in any other places. He submitted letters from your family members and a pastor. It was said that you are a person of good nature and a dedicated wife and mother. You also wrote to express your remorse. You said you committed the present offence out of financial need.
Your counsel asks me to exercise mercy on you. He also produced a medical report which reveals that you are suffering from HIV infection.
The Court of Appeal held in AG v Pedro Nel Rojas [1994] 2 HKCLR 69 that in a case of trafficking in cocaine the guidelines in R v Lau Tak Ming [1990] 2 HKLR 370 is applicable since the narcotic content of the two drugs is very closely alike in the degree of harm.
In Lau Tak Ming, a sentence of more than 20 years’ imprisonment was suggested for a case of trafficking in heroin if the narcotic content is over 600 grammes. In the subsequent case of HKSAR v Abdallah CACC304/2008, the Court of Appeal held that a sentence of 20 to 23 years’ imprisonment should be considered if the narcotic content of the heroin trafficked is 600 to 1,200 grammes.
I have to take into account the international element in the case. For the aggravating feature that you were a courier for the international drug trade, I am of the view that the starting point should be enhanced by 12 months.
Having considered the whole circumstances, in my judgment, an ultimate starting point of 21 years is appropriate. You are entitled to a one-third discount for your guilty plea, your previous clear record and the remorse you have expressed.
I note your health condition. In the case of R v Cheng Kui Sheung [1996] 3 HKC 279, Yang CJ, following the English case of R v Burnett [1997] 1 Cr App R Sentencing 135 held that the fact that an offender was HIV positive or had a reduced life expectancy was not generally a reason which would affect sentence. I also note that you are a foreigner. As Madam Justice Chu, as Chu JA then was, said in HKSAR v Li Sin Shan CACC341/2010, in serious offences like trafficking in dangerous drugs, the personal circumstances of the accused, including the inconvenience of a foreigner serving sentence in the local prison, will play little part in mitigation. The view about foreigners serving imprisonment term was echoed by Madam Justice Kwan JA in the recent case of HKSAR v Corrido Medina and Another CACC296/2007.
Having considered the whole circumstances, including what learned counsel said on your behalf, I am of the view that one‑third discount is the extent of discount you are entitled to.
By reason of the matters aforesaid, you are sentenced to an imprisonment term of 14 years.