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HCCC 454/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 454 OF 2014
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HKSAR |
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MTONDOO Ibrahim Jumanne |
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| Date: |
23 December 2014 at 10.25 am |
| Present: |
Mr Peter Power, SADPP of the Department of Justice, for HKSAR |
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Mr Frederic Whitehouse, instructed by Keith Lam Lau & Chan, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in dangerous drugs(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: Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, that being 636.09 grammes of a mixture containing 400.39 grammes of heroin hydrochloride and 72.32 grammes of 6-monoacetylmorphine hydrochloride. You admitted the brief facts and you were convicted before the Magistrates Court and you have reconfirmed that conviction today.
The facts are very simple. On 6 May of this year you arrived on a flight from Nairobi. A personal baggage check proved negative, but as internal concealment was suspected, you were sent to Queen Elizabeth Hospital. Medical examination confirmed the presence of foreign objects in your body. You subsequently discharged 57 packets containing a total of 636.09 grammes of a mixture containing 400.39 grammes of heroin hydrochloride and 72.32 grammes of 6-monoacetylmorphine hydrochloride. The estimated street value of the drugs being some $485,972.76.
You admit that you were trafficking in these drugs.
The antecedents statement is largely accepted, with one or two amendments which Mr Whitehouse has put before me. You are 35 years of age; you have a clear record; educated up to level 4; you are a divorcee with a 6 year old son who lives with the mother; and you have family in Tanzania. You are not in fact a merchant or businessman, you are a sailor and were unemployed at the time of the commission of this offence. You appear to be in good health. You have been detained in custody since 6 May 2014. You were tempted by the offer of US$5,000 to act as a courier for these drugs, bringing them into Hong Kong.
On your behalf, Mr Whitehouse expressed remorse and put before me that records show this is the first time you’ve come to Hong Kong. Mr Whitehouse accepts that the range of sentence is between 15 and 20 years, with an enhancement for the international aspect of bringing the drugs into Hong Kong.
Yours is a fairly standard case. I accept that you were driven by extreme poverty. I accept also that this is the first time you have come to Hong Kong. I will give what allowance I can to reflect those facts.
For the charge itself, I take a starting point of 16 years’ imprisonment, there will be an enhancement of 9 months for the international aspect, that is 16 years and 9 months’ starting point. That, I believe, give a sentence of 11 years and 2 months with the one-third discount for your plea of guilty.
You will therefore be sentenced accordingly to 11 years and 2 months.
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