On 9 October 2009, the defendant had entered Hong Kong from Shenzhen at Lok Ma Chau. She came through the green “Nothing to Declare” lane, but was stopped and searched by Hong Kong Customs officers.
They found two packets containing the drugs the subject of the charge under the defendant’s underclothing.
When the drugs were found, the defendant was arrested and cautioned, and said that she carried the drugs for others.
On the same day, shortly after her arrest, the defendant agreed to participate in a controlled delivery operation at an address in Mong Kok. Nothing came of that operation, and no other individual was arrested.
I take as a starting point of sentence 11 years’ imprisonment. That is enhanced to 12 years’ imprisonment as a result of the cross-border element of the offence.
I appreciate the distress and difficulties the defendant’s conviction has caused her parents and other family members, but that cannot count in mitigation. It is the all too common result of this sort of offence. Nor, in my view, is the previous clear record of the defendant something which provides separate mitigation.
The only mitigation available to the defendant is her plea of guilty. As I say, her participation in the controlled delivery bore no fruit, and, in my view, should not further reduce her sentence.
On that basis, the starting point of sentence is reduced to a sentence of 8 years’ imprisonment.