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HCCC 456/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 456 OF 2014
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HKSAR |
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KULUCHUMILA Steven David |
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| Before: |
Hon Andrew Chan J |
| Date: |
15 December 2014 at 10.51 am |
| Present: |
Mr Harish Hariram Melwaney, SPP of the Department of Justice, for HKSAR |
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Mr Neil S Mitchell, instructed by Boase, Cohen & Collins, assigned by the Department of Legal Aid, for the defendant |
| Offence: |
Trafficking in dangerous drugs (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: The defendant has pleaded guilty to one count of trafficking in dangerous drugs in the Magistrates Court. He is committed to this court for sentence.
The summary of facts reveals the following. In the evening on 12 April 2014, the defendant was intercepted by Customs officers at the Customs Arrival Hall, Hong Kong International Airport. The defendant travelled from Doha to Hong Kong earlier in that evening. Suspecting that foreign objects might have been concealed inside his body, the defendant was taken to Queen Elizabeth Hospital for medical examination.
98 pellets containing 650 grammes of heroin hydrochloride and 110 grammes of 6-monacetylmorphine hydrochloride were subsequently discharged from the defendant’s body. The street value of the drugs was estimated to be about HK$640,000.
The defendant is 38, married with two children. He was a hawker before his arrest. Had the delivery become successful, he would receive a reward of US$6,000.
Given the fact that 6-monacetylmorphine and heroin belong to the same class of chemical and that it is conceded by Mr Mitchell for the defendant that 6-monacetylmorphine has the same potency as heroin, it therefore will be treated the same as heroin for the purpose of sentencing.
Guidelines on sentencing are clear. Starting point for trafficking in 0.76 kilogrammes of heroin will be in the region of 20 to 21 years’ imprisonment. In this case, since the drugs in question were smuggled across countries and continents, this increases the seriousness of the offence. In view of that, a starting point of 21 years is therefore adopted.
Given the defendant’s plea he is therefore sentenced to 14 years’ imprisonment.
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