CRIMINAL CASE NO. 17 OF 2010
COURT: The defendant pleads guilty to one count of Trafficking in a dangerous drug, involving 1,530.49 grammes of a mixture containing 1,343.79 grammes of heroin hydrochloride.
At about 12.35 pm on 22 July 2009 the defendant was intercepted by a Customs officer while entering Hong Kong through the Hong Kong Macau ferry control point, Sheung Wan. He was carrying a suitcase.
A Customs officer searched and found two hidden compartments on either side of the suitcase. There were two plastic bags containing dangerous drugs in each compartment. The defendant said he did not know the nature of the substance found in the suitcase.
Later in a video interview the defendant said that a friend gave him the suitcase and sponsored his trip. He was instructed to deliver the suitcase from Kuala Lumpur via Macau to Hong Kong. According to Customs & Excise Department the market price for this quantity of drug was about HK$1.3 million.
After the arrest, the defendant co-operated with Customs & Excise Department to mount a controlled delivery of the dangerous drug in his hotel room. A male was subsequently arrested but later released for want of evidence.
The defendant confirmed in court today that he knew there were dangerous drugs inside the suitcase when he was entering Hong Kong.
The defendant is 50 years old. He is a Malaysian. He has a clear record in Hong Kong and Malaysia. He received secondary education. Before this incident he was a food and beverages manager in a 5-star hotel in Malaysia earning about 2,500 Malaysian Ringgit per month. His wife operated a store in Malaysia earning about HK$6,000 per month. He is married with two children. They are now studying in universities in Malaysia. The defendant is not an addict. The defendant submitted two letters from his friends. They pointed out that he was of good character.
The sentencing tariff in HKSAR v Abdallah [2009] 2 HKLRD 437 is applicable. For 1,343.79 grammes of heroin hydrochloride in this case, the sentence should be 23 to 26 years’ imprisonment. I bear in mind that the heroin was taken from Kuala Lumpur via Macau to Hong Kong. The starting point should be enhanced to reflect this aggravating factor.
Having considered the amount of heroin hydrochloride, his background and the mitigation, I take 23 years and 3 months as the starting point. I add 2 years to reflect the international element. The final starting point is 25 years and 3 months. I deduct 8 years and 5 months for his plea.
While the controlled delivery resulted in no further arrests of other suspects connected with this offence, his intention to assist the Customs & Excise Department was genuine. I give the defendant a further discount of 6 months in this respect.
Having considered the above I sentence the defendant to 16 years and 4 months’ imprisonment.