CRIMINAL CASE NO. 341 OF 2009
At about 9.30 pm on 16 June, year 2009, the defendant was selected by a Customs officer for luggage inspection while entering Hong Kong through the airport.
The defendant was carrying a black suitcase at that time. Subsequently, Customs officers found two packets of heroin hidden at either side inside the suitcase.
The defendant knew these packets contained a dangerous drug.
The total amount of heroin hydrochloride was as set out in the indictment. The market value was about $600,000.
The defendant is 39 years old. He has a clear record in Hong Kong. He has a cohabitee and a daughter, 6 years old. He received upper secondary education. He assisted his mother in the latter’s retail shop. He is not an addict. The defendant’s father had a stroke, and requires large medical expenses. However, the defendant was fully aware of this situation before he committed the present offence. I do not think this entitles him to any reduction in sentence.
The tariff set down in HKSAR v Abdallah Anwar Abbas (2009) 2 HKC 197 is applicable in this case. The starting point for trafficking in 600 grammes to 1,200 grammes of heroin should be 20 to 23 years.
In Abdallah, the Court of Appeal also recommended enhancing the starting point where there is an aggravating factor such as an international element. The Court of Appeal commented:
“We do not envisage that the enhancement for any of the reasons we have itemised for amounts above 1 kg will be less than 2 years’ imprisonment in addition to the new guideline tariff we have set out.”
I bear in mind that there is an international element in the present case, as the heroin was taken to Hong Kong from Manila. The starting point should be enhanced to reflect the aggravating factor.
The defendant committed the offence probably because of financial reasons. He put forward no further explanation today. Trafficking in a dangerous drug is a heinous crime. I see no reason to be lenient. Immediate custodial sentence is warranted. There is no reason to depart from the principles set out in the authority above.
Having considered the amount of heroin, his background and the mitigation, I take 20 years and 7 months as the starting point. I raise the starting point by 18 months for the international element. While I appreciate that the defendant’s family would suffer due to the defendant’s imprisonment, this is not a valid mitigating factor to reduce the sentence.
I now sentence the defendant to 22 years and 1 month’s imprisonment.