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HCCC 463/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 463 OF 2012
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HKSAR |
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Tusha Bongiwe Portia |
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| Date: |
6 February 2013 at 9.46 am |
| Present: |
Miss Grace Chan, SPP of the Department of Justice, for HKSAR |
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Mr James Francis David Collins, instructed by Tang, Wong & Cheung, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
She was intercepted by Customs officers whilst arriving at the Hong Kong International Airport from Kuala Lumpur. A body search on her revealed a pellet of dangerous drugs sandwiched between two pieces of sanitary napkins that she was wearing and another pellet inside her vagina.
She was taken to the hospital and eventually excreted a total of 34 pellets. She subsequently admitted that her boyfriend arranged for her to take those drugs to China via Hong Kong.
Upon analysis, the drugs were found to be 0.55 kilogram of a mixture containing 0.25 kilogram of heroin hydrochloride.
The retail value of the drugs was in the region of HK$403,000.
By way of mitigation I am told that the defendant is now aged 30, she has a clear record, she is a holder of a South African passport.
It was advanced on her behalf that she was married but was subsequently divorced. She has a young son now aged 11, and she was looking for a genuine relationship on the internet but was exploited into committing the present offence by a carefully cultivated plan. It is also said on her behalf that she was not aware of the serious consequence and penalty of this offence, and it is pleaded on her behalf that the son will no doubt be deprived of her care for quite a long time. She is now very remorseful and hopes that the court can pass a lenient sentence.
In sentencing this defendant I have taken into account the nature of the offence, the kind of drugs involved, the sentencing tariff, her plea of guilty, and mitigation advanced by counsel on her behalf.
According to sentencing tariff, trafficking between 200 to 400 grammes of heroin hydrochloride the sentence starting point would be 12 to 15 years. In the present case we have 240 grammes.
I consider that taking that into account the international factor an appropriate starting point would be 13 years’ imprisonment. I shall give the defendant one-third discount for her plea of guilty.
She is sentenced to 8 years and 8 months’ imprisonment.
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