CRIMINAL CASE NO. 37 OF 2011
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug, involving 234.26 grammes of a mixture containing 107.49 grammes of cocaine.
On 4 August 2010, at about 10.20 am, at the airport, the defendant was selected by a customs officer for baggage examination while arriving in Hong Kong from Manila. Her baggage was searched. Nothing suspicious was found. She was taken to a room for a body search. One packet of cocaine was found concealed inside her private part. Later another packet was discharged from her anus.
Under caution she admitted taking the drugs to Hong Kong for Jeff Yang. She would be given some reward. She had not received any money before her arrest. Customs and Excise Department statistics show that the street value of the cocaine was about $242,000.
The defendant is 31 years old. She was born in the Philippines. She has two sons, nine and 10 years old. She had been cohabiting with a man who is now 74 years old. He just suffered from a stroke and is in serious condition in a hospital. Her two sons will be left to the care of social services in Manila.
The defendant has a clear record in Hong Kong. Before this incident she operated a cooked food store, earning about HK$50 a day. She is not an addict.
The sentencing tariff in HKSAR v Lau Tak Ming is applicable. For trafficking in 50 to 200 grammes of cocaine, the sentence should be 8 to 12 years’ imprisonment. The cocaine was taken from Manila to Hong Kong. The starting point should be enhanced to reflect this aggravating factor.
Counsel for the defendant, Mr Whitehouse, invited me to consider the co-operation of the defendant with the Customs & Excise Department as a further mitigation. According to the information from the prosecution, the defendant agreed to conduct a controlled delivery after her arrest. This led to the arrest of three other persons for further investigation. However, nothing useful resulted. While there is no positive result in her assistance, I think she deserves some further reduction in sentencing.
Having considered the amount of cocaine, the background and the mitigation, I take 9½ years’ imprisonment as the starting point. I add 6 months to reflect the international element. The final starting point is 10 years’ imprisonment. I deduct 3 years and 4 months for her plea. In addition, I deduct 6 months for her co-operation in the controlled delivery.
Her clear record and the suffering of family members are not valid reasons for further reduction. In the circumstances I sentence the defendant to 6 years and 2 months’ imprisonment.