HKSAR v. KIETI CHRISTINE MUENI

HCCC 399/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 399 OF 2014

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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 and admitted the facts of a single offence of trafficking in dangerous drugs, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The narcotics involved were as follows: 316.85 grammes of solid containing 90.16 grammes of cocaine and 667.94 grammes of mixture containing 303.99 grammes of heroin hydrochloride. That is just under 400 grammes of actual drugs.

Briefly, the facts are as follows.

On 13 February of last year, you were intercepted at the airport after arriving from Doha on a flight originating from Entebbe. Your suitcase was X-rayed and suspicious objects located. Upon being forced open, 96 packets of suspected dangerous drugs were found in two plastic bags.

Upon arrest and caution, you said the substance was drugs and that there were 96 packets.

Later examination revealed: 316.85 grammes of solid containing 90.16 grammes of cocaine (in 27 packets); 667.94 grammes of mixture containing 303.99 grammes of heroin hydrochloride (in 69 packets).

The estimated street value of all dangerous drugs was some HK$844,257.37.

In a subsequent video recorded interview under caution, you admit meeting a man while buying clothes in Uganda and agreeing to taking something somewhere for US$5,000. You were given the packets of dangerous drugs in a hotel and told to go to Hong Kong using an air ticket. You were to go to a guesthouse, from where the packets would be collected.

You fully and frankly admitted that you were trafficking in dangerous drugs.

You are of hitherto clear record in Hong Kong.

You accept an antecedent statement. That tells me that you are Kenyan by birth. You are aged 52 and educated to Form 4. You are a single mother with a son of 18 and twin daughters aged 5. Both your parents are alive and you have three siblings. You say that you are not a drug abuser. In Kenya, you were employed as a cleaner and you had a small clothes business.

The basis of your mitigation is provided by the letter that you have written to me, which I have read.

Mr Hemmings is quite correct: there is little that can be added to this. He tells me that you are the breadwinner of the family. He speaks of your children and their education, also that your mother has suffered from serious breast cancer and you got yourself involved with moneylenders and had to raise money to pay them back.

You are very regretful for what you have done. You look forward to a time when you can get back to your children and you are asking for the forgiveness of this court.

I have to say, this is a very serious offence, with an international aspect. Allowance will be made for that.

In your favour, I do note your clear record in Hong Kong.

I also note that you were entirely co-operative with the authorities upon arrest, freely and frankly admitting what you had done.

Taking all matters into account, you will go to prison for 8 years.