CRIMINAL CASE NO. 42 OF 2012
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug, involving 1.09 kilogramme of cocaine.
At about 4 pm on 21 August 2011 the defendant was intercepted by a Customs officer while entering Hong Kong through the airport. A Customs officer searched her and found two packets of cocaine concealed in her shoes. She was then taken to Queen Elizabeth Hospital for further examination. Subsequently 38 pellets of cocaine were found inside her abdomen.
According to Customs & Excise Department the market price of this quantity of drugs was about HK$1,570,000.
The defendant is a 42 year-old South African. She is divorced. She has a clear record in Hong Kong. She received senior high school education. She worked as a security guard, bar tender and operator earning about 4,800 rand a month. The defendant is not an addict.
At the time of the offence she was in financial difficulties. A friend introduced her to two men, Mercia and Morris, who arranged her to go to Buenos Aires for the drug trafficking plot. In Buenos Aires another person arranged her to conceal the cocaine and swallowed the pellets. She then came to Hong Kong. She would be given a reward of 1,500 rand.
In mitigation she mentioned that her elder sister with whom she lived had a heart attack recently. She submitted a letter pleading for mercy.
The sentencing tariff in HKSAR v Abdallah ([2009] 2 HKLRD 437) is applicable. For the 1.09 kilogrammes of cocaine in this case the sentence should be 22 years and 5 months’ imprisonment. I bear in mind that the cocaine was taken from Buenos Aires to Hong Kong. The starting point should be enhanced to reflect this aggravating factor.
Having considered the amount of cocaine, her background and the mitigation, I add 2 years to reflect the international element. The final starting point is 24 years and 5 months’ imprisonment. I deduct 8 years and 2 months for her plea.
There being no reason to be lenient, I sentence the defendant to 16 years and 3 months’ imprisonment.