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HCCC 453/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 453 OF 2014
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| Date: |
23 December 2014 at 9.55 am |
| Present: |
Mr Peter Power, SADPP of the Department of Justice, for HKSAR |
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Mr Lam Shun-chiu, instructed by Fung & Fung, assigned by the Director of Legal Aid, 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: Defendant, you have pleaded guilty to unlawful trafficking in dangerous drugs, that being 959.23 grammes of a mixture containing 753.82 grammes of heroin hydrochloride. You entered your plea of guilty before the magistrate and you have confirmed the plea of guilty and admission of the facts today.
The facts themselves are very simple. You arrived at Hong Kong International Airport on an inbound flight from Doha, but your journey had originated in Dar Es Salaam. A personal baggage search proved negative, but internal concealment was suspected. You were sent to Queen Elizabeth Hospital where you discharged 28 packets containing suspected dangerous drugs. When you were cautioned you were asked how many of these packets were inside your body and you replied “100”. Medical examination confirmed the presence of further objects in your body and you subsequently discharged further packets, making a total of 91 packets suspected dangerous drugs.
Subsequent analysis showed those drugs to be 959.23 grammes of a mixture containing 753.82 grammes of heroin hydrochloride. The estimated street value of those drugs is some $732,851.72.
You admit to trafficking in dangerous drugs.
You are a man of hitherto clear record in Hong Kong and you accept the antecedent statement which tells me that you are 47 years of age; you were born in Tanzania; you have a clear record in Hong Kong; you were educated up to primary level; you are married with four children ranging from 20 to 5 years of age, and you suffer from no major illnesses. You have been detained since your arrest on 29 May 2014.
On your behalf, Mr Lam has entered mitigation. He accepts that the range of sentencing options here is within 20 to 23 years. He tells me that you are a merchant trader or street hawker back in Tanzania, that you travelled to the East occasionally to obtain mobile phones and clothing which you sell. In this case you were tempted by the offer of US$6,000 for carrying these drugs and it has to be acknowledged that not only was what you did illegal, but you also placed your health in danger. I am also told that your wife is divorcing you and your children are being cared for by your brother. You do not speak either English or Cantonese and therefore in prison will face further difficulties, though realistically, Mr Lam accepts this is not mitigation of any substance.
Taking all matters into account, I take as a starting point 21 years’ imprisonment. Given the international element of you bringing drugs into Hong Kong from abroad, that will be enhanced by 18 months, making 22 and a half months’ imprisonment, and to reflect your plea of guilty you will have a full one-third discount.
You will go to prison for 15 years.
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