|
HCCC 394/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 394 OF 2013
-----------------
| |
HKSAR |
|
| |
v |
|
| |
MRISHO Mohamed Said |
|
-----------------
| Before: |
DHCJ Stuart-Moore |
| Date: |
26 November 2013 at 9.41 am |
| Present: |
Mr Bobby Cheung, SPP, of the Department of Justice, for HKSAR |
| |
Mr Kevin Chan Sai-kit, instructed by Tsang, Chan & Woo, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant, aged 33, from Tanzania, pleaded guilty on 13 September this year in the Magistrates Court to trafficking in 917.81 grammes of a mixture containing 490.27 grammes of heroin hydrochloride. He has confirmed his plea today and also the Summary of Facts.
This was yet another case involving an international courier bringing in a large quantity of drugs which he had swallowed. He arrived at the airport on a flight from Nairobi. He had been paid as a reward US$2,000. The street value of the heroin discharged at hospital in 75 pellets was HK$739,754.
The guideline tariff for this large quantity of heroin, as Mr Chan correctly stated a few moments ago, is between 15 and 20 years imprisonment for between 400 and 600 grammes, as is set out in R v Lau Tak Ming & Anor [1990] 2 HKLR 370. Applying the guidelines in that case, the least sentence after trial that could be imposed would have been 17 years and 4 months’ imprisonment.
Added to this is the aggravating factor of a large commercial importation of dangerous drugs for which enhancement of the sentence to 18 years’ imprisonment would be fully justified.
Mr Mrisho, would you stand, please.
You have pleaded guilty to this charge in good time and you will receive the full benefit for pleading guilty. Your sentence will be reduced by a third from the sentence you would have received if you had contested this case.
Accordingly, your sentence today is 12 years’ imprisonment.
|