The defendant pleaded guilty to one count of trafficking in a dangerous drug involving 520 grammes of heroin. On 6 June 2013 the defendant arrived at the Hong Kong International Airport from Addis Ababa. A Customs Officer searched his luggage and found nothing suspicious. He was suspected to have concealed some dangerous drug in his body and was taken to Queen Elizabeth Hospital for medical examination.
Subsequently, the defendant discharged a total of 77 pellets of heroin. According to the Customs and Excise Department, the market price of this quantity of heroin was about $790,000.
The defendant is 27 years old from Tanzania. He has a clear record in Hong Kong. He received education up to Form 4. He is single, living with his grandparents. He claims to be a business man selling second‑hand mobile phones earning about US$2,000 per month. He is not an addict. He admits committing this offence out of greed. He writes to this court and pleads for leniency.
The sentencing tariff in HKSAR v Lau Tak Ming ([1990] 2 HKLR 370) is applicable. For the 520 grammes of heroin the starting point should be 18 years’ imprisonment. I bear in mind that the heroin was taken from Addis Ababa to Hong Kong. The starting point should be enhanced to reflect this aggravating factor. Having considered the amount of heroin hydrochloride, his background and the mitigation, I add one year to reflect the international element. The final starting point is 19 years’ imprisonment.
I deduct 6 years and 4 months for his plea. There being no reason to be lenient, I sentence the defendant to 12 years and 8 months’ imprisonment.