HKSAR v. FERUZI MARIAM HARUNA

HCCC 269/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 269 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant, now aged 40, has confirmed in these proceedings her plea of guilty to a charge of trafficking in a mixture containing 530 grammes of heroin hydrochloride. She has also accepted the Summary of Facts, which reveals a familiar pattern.

She was intercepted after arriving at the airport on a flight from Tanzania via Ethiopia. No drugs were found in her baggage, but she was suspected of having concealed drugs in her body. In due course she discharged 105 pellets, weighing just over a kilo.

The value of the heroin was estimated to be $833,340.

The starting point for this amount of heroin under the guidelines in R v Lau Tak Ming and Others [1990] 2 HKLR 370 would seem to be 18½ years after trial, as cases falling within 400 to 600 grammes are in a bracket of 15 to 20 years.

Furthermore, there is the aggravating factor in this case of importation, for which a further year should be added to the starting point.

Ms Crebbin has, in a very powerful submission, submitted a number of features of this case which she suggests makes this case different to others. But whilst there can be sympathy for the defendant’s health at the moment, it is most unfair on other defendants sentenced for this kind of trafficking that one defendant should receive much less than another for precisely the same amount of drugs.

Yes, would you stand, please? You will receive full credit for your plea of guilty.

Your sentence is 13 years’ imprisonment.