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HCCC213/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 213 OF 2009
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HKSAR |
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v. |
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Kiula Anna Songelael |
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| Before: |
Mr Recorder L Lok, SC |
| Date: |
24 November 2009 at 10.37 am |
| Present: |
Ms Vinci Lam, SPP, of the Department of Justice, for HKSAR
Mr Robert Craig Andrews, instructed by Chin & Associates, assigned by the Director of Legal, 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: You were convicted on your own plea of trafficking in a dangerous drug. The quantity involved is quite large. The subject matter is an amount of 1,236.91 grammes of a mixture containing 869.25 grammes of heroin hydrochloride.
You are a Tanzanian national aged 30. Although a single woman, you are a mother of two children.
The facts of this case revealed an international dimension. It was put forward on your behalf in mitigation that you were persuaded by a Nigerian male to come to Hong Kong and, from here, to go to Kuala Lumpur. The purpose of the mission was to swallow 118 pellets of dangerous drugs. You managed to swallow 99 in the end. According to the plan, you were to return to Hong Kong to carry the drugs to China, all for a reward of US$1,000.
On 19 January this year, at the Hong Kong International Airport, Customs officers suspected you to have dangerous drugs concealed inside your body cavity. You were then admitted into hospital for the purpose of discharging foreign objects. On eight occasions between 2130 hours on 29 January and 1505 hours on 30 January, you discharged a total of 99 pellets of heroin.
The Government Chemist certified that the 99 pellets contained a total of 1,236.91 grammes of a mixture containing 869.25 grammes of heroin hydrochloride. The market value of the drugs at the relevant time was $932,631.
Your travel records confirm the matters raised in your mitigation.
On the leading sentencing authority of Lau Tak Ming, a quantity of over 600 grammes could attract a sentence of over 20 years.
In considering the starting point I shall adopt in this case, I have to say your counsel, Mr Andrews, had done all that he could for you. I take into account your dire family circumstances back home in Tanzania. I have a certain amount of sympathy for the fact that you have to serve your time in a foreign land; however, that in itself is not a mitigation to any substantial degree.
Having considered all matters and having had the table of sentence so conveniently set out in the local case of Abdallah Abbas, I adopt a starting point of 21 years. In as early as 6 October, you had indicated you would be pleading guilty. I see that as a timely plea and I must give you the one-third discount.
You are therefore sentenced to a sentence of 14 years' imprisonment.
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