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HCCC345/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 345 OF 2012
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HKSAR |
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Msimbe, Seleman Hussein |
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| Date: |
4 December 2012 at 9.54 am |
| Present: |
Mr Cheung Man-kwan, Bobby, SPP (Ag) of the Department of Justice, for HKSAR |
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Ms Monica Chow, assigned by DLA, for the Accused |
| Offence: |
Trafficking in a dangerous drug (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: The defendant has pleaded guilty to one count of trafficking in a dangerous drug before a magistrate. It involves a total of 0.55 of a kilogram of heroin hydrochloride by pure narcotic content. He appears before me now for sentence.
The defendant was intercepted upon arrival at Hong Kong International Airport. The initial searches revealed nothing. He was then taken to the hospital where he was X‑rayed and later discharged the drug in question in 75 pellets. Under caution, he stated that he had been paid US$6,000 for ingesting and bringing the drug into Hong Kong.
Aged 28, the defendant is Tanzanian by nationality. He was married with one daughter but the wife, I am told, has now deserted him. He was a businessman and lived with his family in Tanzania. He has no previous conviction in Hong Kong, and in Tanzania, I am told.
In mitigation, counsel has very little to say on behalf of the defendant except that he committed the present offence because of financial hardship.
Given the quantity of the drug involved and the international element involved, I will adopt a starting point of 20 years. To take into account the guilty plea, it will be reduced by one-third to 13 years and 4 months. That is the only discount that can be properly given.
The defendant will go to prison for 13 years and 4 months.
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