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HCCC 210/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 210 OF 2016
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HKSAR |
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DIA MA Cristina Diones |
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| Date: |
24 June 2016 at 10.15 am |
| Present: |
Miss Grace Chan, SPP of the Department of Justice, for HKSAR |
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Mr Kevin Egan, instructed by Morley Chow Seto, assigned by DLA, 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 arrived at the Hong Kong International
Airport from Manila of the Philippines. Her baggage was searched
and from the concealed compartment, a packet containing white powder
was found. Under caution, she denied knowledge of the drugs but now
admits that she was trafficking in the said drugs at the material
time. Upon analysis, the drugs were found to be 1.25 kilogrammes of
a solid containing 940 grammes of cocaine.
The retail value of the cocaine was in the region of HK$1.3 million.
By way of mitigation, I was told that the defendant is aged 33, a mother to three children aged 9, 11 and 13. It was submitted that she was lured into this drug trafficking business by a African male back in the Philippines, like many other innocent young girls there. During her remand, she was active in writing campaign letters to warn others in the Philippines against such. She also provided information to the Philippines authorities.
In sentencing the defendant, I have taken into account the nature of the offence, the kind of drugs involved, the sentencing tariff, as well as mitigation forwarded by counsel and those contained in the defendant’s handwritten letter and the letter of Father Wotherspoon. According to the case of Abdallah, for trafficking in cocaine weighing between 600 to 1,200 grammes, a starting point of 20 to 23 years is to be adopted. It is also reiterated that trafficking cases with an international element is an aggravating feature and for an amount above 1 kilogramme, the enhancement would not be less than 2 years.
In the present case, I adopt the starting point 21½ years. I enhance that with 1½ years to 23 years. Taking into account her participation in Father Wotherspoon’s campaign, I am prepared to likewise as in the case of Otieno as Deputy Judge Woo did. I reduce that by 1 year to 22 years, and from that I give the defendant a one-third discount for her guilty plea.
She is sentenced to 14 years and 8 months’ imprisonment.
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