COURT: The defendant pleaded guilty before a magistrate to one count of trafficking in a dangerous drug and was committed for sentence. The total quantity of the dangerous drugs involved is 748 grammes of cocaine. The estimated street value of the cocaine amounts to over HK$1.1 million.
The defendant is a Venezuelan citizen. On 13 February 2016, she was detained at Hong Kong International Airport after arrival on a flight inbound from Abu Dhabi. Her journey had originated in Sao Paulo. Nothing was found from her baggage and on her body. The defendant was sent to North Lantau Hospital where examination revealed that there were suspicious objects inside her body. The defendant later discharged 82 packets containing the relevant drugs.
The defendant is 44 years old. She was born and living in Barrinas in the Republic of Venezuela. She was educated up to Form 3 level. She is a single mother with four children in ages between 10 to 26. She and her elder daughter are hawkers; together, they earned about US$50 per month. According to Ms Fung, counsel for the defendant, the defendant met a man, while hawking, who promised to give her US$5,000 to carry drugs to Hong Kong.
In mitigation, Ms Fung said the defendant is now very remorseful. She wants to go back to Venezuela to see her children and as they are very poor, her children cannot come to Hong Kong to visit her. Ms Fung asked this court to exercise leniency.
Trafficking in dangerous drugs is a very serious offence. People committing this offence will inevitably face a long term of imprisonment. The length of imprisonment mainly depends on the quantity of dangerous drugs involved and the Court of Appeal had laid down a tariff for appropriate sentence. For trafficking in a large quantity of cocaine, this court should follow the tariff laid down in HKSAR v Abdallah [2009] 2 HKC 197. For trafficking in cocaine of a quantity between 600 grammes and 1,200 grammes, a starting point of 20 to 23 years’ imprisonment should be adopted.
In the present case, the quantity of cocaine involved is 748 grammes. The appropriate starting point should therefore be 20 years and 9 months’ imprisonment. In the present case, the defendant imported the cocaine into Hong Kong; this is an aggravating factor and the sentence should be enhanced. Following the broad guideline in HKSAR v Chung Ping Kun, CACC 85/2014, I should enhance the sentence by 1 year’s imprisonment.
The heavy sentence imposed for this kind of offence is for deterrence. Usual mitigations like clear record, financial hardship and family situation are not valid mitigating factors.
The only mitigating factor is this case is the defendant’s early guilty plea. In the circumstances, the appropriate sentence if convicted, after trial, is 21 years and 9 months’ imprisonment.
Giving a full one-third discount to the defendant’s early guilty plea, the sentence is reduced to 14 years and 6 months.