COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
On the material day, the defendant was intercepted by Customs officers at the Hong Kong International Airport for baggage clearance check. Feeling suspicion, the defendant was then taken to Queen Elizabeth Hospital for a cavity search. After an X-ray examination, it was confirmed that foreign substances were concealed inside his body. Ninety-six pellets were eventually discharged from the defendant’s body over a period of five days.
These 96 pellets were found to contain a total of 0.52 of a kilogram of cocaine. The street value of these drugs is estimated to be over HK$1.1 million. Under caution, the defendant admitted that he agreed to bring these drugs into Hong Kong for financial benefit.
The defendant is 29, married, and has two children. He was a taxi driver in Bolivia. For reasons best known to himself, he decided to bring drugs into Hong Kong.
I have listened carefully to what Mr Whitehouse said on behalf of the defendant. Mr Whitehouse said everything he possibly could. However, in a case as serious as the present one, personal circumstances count very little.
Guidelines on sentencing are clear. In my judgment, the starting point for trafficking in 0.52 of a kilogram of cocaine is one of 17½ years’ imprisonment. In this case, there is also the international element. Having considered all the circumstances, I am of the view that the overall starting point should be one of 18 years’ imprisonment.
Given the defendant’s plea, he is therefore sentenced to 12 years’ imprisonment.