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HCCC 116/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 116 OF 2017
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HKSAR |
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JANKEAW Chalermkwan |
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| Date: |
31 May 2017 at 9.39 am |
| Present: |
Ms Grace Chan, SPP of the Department of Justice, for HKSAR
Ms Lam Tsz-ying Priscilia, instructed by Adrian Yeung & Cheng, assigned by DLA, for the accused
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| 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:
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, Cap 134, at the committal stage and was committed here for sentence.
She was seen by police officers to be carrying two rucksacks and having with her one suitcase, waiting outside the entrance of Chungking Mansion. She was then seen entering Chungking Mansion and loitering around on the ground floor. She then took the lift to the 4th floor and was intercepted by customs officers whilst exiting the lift.
On being questioned, she admitted that the suitcase belonged to her, but told the officers that she had lost the key. The suitcase was cut open and it was found, amongst personal items, four food items with drugs concealed inside. She told the officers that she was given those four boxes by a male in Peru and arrived in Hong Kong on Qatar Airways via Doha. She was to bring them back to Thailand.
Upon analysis, the drugs were found to be 1,983 grammes of a solid containing 1,618 grammes of cocaine. The market value was around HK$2.3 million.
The defendant has no previous conviction in Hong Kong. I am told that she is now aged 39. She was married but divorced. She lived with a younger brother in Thailand and I am told that she committed the present offence naively to earn quick money to help her stepfather who is not well. Counsel urged me to be as lenient as possible as the defendant is not the mastermind and would be incarcerated for a lengthy period of time.
In sentencing the defendant, I have considered her guilty plea, mitigation forwarded by counsel and the existing tariff for trafficking in cocaine. According to Abdallah, trafficking in cocaine weighing between 1,200 to 4,000 grammes, the tariff is one between 23 to 26 years.
The present case involved 1,618 grammes of cocaine. I adopt a starting point of 23 years. Because of the international element, I shall enhance it by 2 years and I give her the full one-third discount for her guilty plea.
She is sentenced to 200 months’ imprisonment which is 16 years and 8 months.
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