CRIMINAL CASE NO. 197 OF 2010
COURT: The defendant pleads guilty to one count of Trafficking in a dangerous drug, involving 882.94 grammes of a mixture containing 147.2 grammes of heroin hydrochloride.
At about half past 8 pm on 17 January 2010, the defendant was intercepted by a Customs officer while entering Hong Kong through the airport. His baggage was searched but nothing suspicious was found.
The defendant was then taken to the Queen Elizabeth Hospital for X-ray. There were suspicious items found in his body. Later the defendant excreted 64 packets of heroin hydrochloride as set out in the charge. These packets were wrapped in plastic adhesive tapes.
The defendant admitted that an African male in Thailand asked him to swallow the packets and take them to Hong Kong. He was given contact telephone numbers in Hong Kong. The defendant claimed that he lost his passport in Thailand. That African male showed him the way to Guinea Embassy in Thailand to enable him to apply for a replacement passport. He committed the offence to return a favour to the African male.
According to Customs and Excise Department the retail price for this quantity of drug was about $450,000.
The defendant is 32 years old. He was born and educated in Guinea. He is married with a 2-year-old son. They live in Guinea. He has a clear record in Hong Kong. He has received secondary education. Before this incident, he was a merchant selling mobile phones. At the time of the offence he was sourcing mobile phones in Thailand for re-sale in Guinea.
The sentencing tariff in HKSAR v Lau Tak Ming [1990] 2 Hong Kong Law Report, page 370 is applicable. For trafficking in 50 to 200 grammes of heroin hydrochloride the sentence should be 8 to 12 years' imprisonment. I bear in mind that the heroin was taken from Thailand to Hong Kong. The starting point should be enhanced to reflect this aggravating factor. I reject his claim that he committed this offence merely for returning a favour to that African male.
Having considered the amount of heroin hydrochloride, his background and the mitigation, I take 10 years and 7 months as the starting point. I add 5 months to reflect the international element. The final starting point is 11 years' imprisonment. I deduct 44 months for his plea.
I sentence the defendant to 7 years and 4 months' imprisonment.