CRIMINAL CASE NO. 187 OF 2011
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug involving 313.13 grammes of heroin hydrochloride and 77.19 grammes of monoacetylmorphine hydrochloride.
At about 2.30 pm on 3 January 2011, the defendant was handed over to a Customs officer for clearance. The defendant had just arrived at Hong Kong International Airport by air from Kuala Lumpur. She was refused entry. She carried two bags. Among the clothes in one of the bags, the Customs officer found three packets of heroin. The defendant admitted taking the drug to Hong Kong for a reward of US$1,000. However, she had not received any reward yet. The market value of the drug was about $435,000.
The defendant is 24 years old. She received primary education. She has a clear record in Hong Kong. She was a waitress in Thailand. Her parents sell vegetables in the market in Thailand. The family was in debt. The defendant was introduced by a fellow waitress to traffic drugs to earn quick money. In her letter, she expressed great remorse and begged for leniency.
The case of HKSAR v Lau Tak Ming([1990] 2 HKLR 370) is applicable in sentencing. As parties rightly agree, there is no distinction between heroin hydrochloride and monoacetylmorphine hydrochloride so far as sentencing is concerned. The monoacetylmorphine hydrochloride could be a result of incomplete acetylation or the subsequent partial hydrolysis of the heroin hydrochloride. Both substances are salts of esters of morphine. They are of similar potency. I shall add the two amounts together for the purpose of sentencing.
The starting point for trafficking in 200 to 400 grammes of heroin should be 12 to 15 years’ imprisonment. This starting point should be enhanced to reflect that the drug was taken from Kuala Lumpur to Hong Kong. The defendant committed the offence because of economic reasons. There is no reason to depart from the principles set out in the authorities.
Having considered the amount of heroin, her background and the mitigation, I take 14 years and 10 months’ imprisonment as the starting point. I enhance the starting point by 6 months to reflect the international element. The final starting point should be 15 years and 4 months. I deduct 5 years and 2 months for her plea.
I sentence the defendant to 10 years and 2 months’ imprisonment.