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HCCC 441/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 441 OF 2015
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| Date: |
12 January 2016 at 10.45 am |
| Present: |
Ms Grace Chan, SPP of the Department of Justice,
for HKSAR |
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Miss Anita Ma, instructed by Fung, Law & Ng, 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 in Eastern Magistrates'
Court on 13 November 2015 to one count of trafficking 257 grammes
of cocaine.
On 7 May 2015, at about noon, the defendant was intercepted by police officers near 172 So Kwun Wat Tsuen, Tuen Mun. She was carrying a baby and holding a red plastic bag in her right hand. The police found 38 pellets of cocaine in the bag. Under caution, she admitted taking the cocaine to a Chinese male at the nearby bus stop for a reward of $500. It was a job introduced by her friend, Siti, as she was in need of money.
The street value of the cocaine was about $790,000.
The defendant is 35 years old. She is divorced. She has a daughter and a son from this marriage. She received education up to junior middle school. She came to Hong Kong from Indonesia to work as a domestic helper from 2006 to 2011. She was divorced in 2011 and got very depressed. This affected her work and she finally got terminated.
She then overstayed in Hong Kong. She was arrested for overstaying in February 2012. She was sentenced to 4 weeks’ imprisonment suspended for three years on 28 February 2012. The operative period had expired. She was granted recognizance pending the outcome of her non‑refoulement claim. She failed to report to Immigration Department since 4 July 2014. The defendant submits a letter pleading for leniency. She is remorseful.
The sentencing tariff in R v Lau Tak Ming is applicable for trafficking in 200 to 400 grammes of cocaine, the sentence should be 12 to 15 years’ imprisonment. Trafficking in a dangerous drug is a serious offence, a deterrent sentence is indicated. Her unfortunate background is of limited value in mitigation.
Having considered the amount of cocaine and the background of the defendant, I take 12 years and 9 months’ imprisonment as the starting point. I deduct 4 years and 3 months for her plea.
I sentence the defendant to 8 years and 6 months’ imprisonment.
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