A HCCC82/2012 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 82 OF 2012
C C
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D HKSAR D
v
E E
Belinda Debbie De Villiers
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F F
Before: Hon Saw J
G Date: 2 May 2012 at 9.48 am G
Present: Ms Lam Tak-wing, Winnie, SPP of the Department of
Justice, for HKSAR
H Mr Keith Hotten, instructed by T C Lau & Co, H
assigned by the Director of Legal Aid, for the
I
Accused I
Offence: Trafficking in a dangerous drug (販運危險藥物)
J --------------------------------- J
Transcript of the Audio Recording
of the Sentence in the above Case
K K
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L COURT: On 2 March of this year the defendant pleaded guilty at L
the Eastern Magistracy to one charge of trafficking in a
dangerous drug, contrary to sections 4(1)(a) and (3) of the
M Dangerous Drugs Ordinance, Cap. 134. She was on that day M
committed pursuant to section 81B of the Magistrates
Ordinance, Cap. 227, to this court for sentence.
N N
Today she has confirmed that plea of guilty.
O O
The particulars of the offence are that the defendant, on
4 August 2011, at the Hong Kong International Airport,
P trafficked in 0.7 kilogrammes of a mixture which contained P
0.37 kilogrammes of heroin hydrochloride and
0.15 kilogrammes of monoacetylmorphine hydrochloride.
Q Q
The Summary of Facts admitted by the defendant and confirmed
R before me today reveals that on 4 August she arrived at the R
Hong Kong International Airport on a flight from Kuala
Lumpur in Malaysia. Whilst an examination of her luggage
S revealed nothing untoward, she was taken to the Queen S
Elizabeth Hospital as it was suspected that she may have
T
been carrying drugs internally. T
Those suspicions proved to be correct. An x-ray examination
U revealed the presence of foreign objects inside her body. U
CRT11/2.5.2012/KS 1 HCCC82/2012/Sentence
V V
A She subsequently discharged over a two-week period 100 A
pellets. The contents of those pellets upon analysis by the
Government Chemist were determined to be 0.79 kilogrammes of
B a mixture which itself contained 0.37 kilogrammes of heroin B
hydrochloride and 0.15 kilogrammes of monoacetylmorphine
hydrochloride, both of which, it is accepted and admitted,
C C
are salts of esters of morphine with a similar potency.
D Thus, for the purposes of sentencing, they may be properly D
taken together. The street value of these dangerous drugs
was almost HK$530,000.
E E
The defendant is a South African national now aged 45. The
antecedents statement prepared by the Customs & Excise
F F
officer reveals little of her circumstances beyond the fact
that she is not herself a drug user. She is divorced and
G has been educated up to a secondary level. G
Before me today Mr Hotten, on her behalf, quite properly
H accepts that the principal mitigation that can be advanced H
on her behalf is her plea of guilty, which clearly reflects
I
her remorse. He points to the fact that like many persons I
who come before this court in similar circumstances, she is
a mule. She is not the principal trafficker.
J J
This I accept, but the Court of Appeal has made it clear
that notwithstanding that, that the parameters for sentence
K set down in the authorities, and in particular in this case, K
R v Lau Tak Ming [1990] 2 HKLR 370, apply equally to her.
L L
Mr Hotten tells me that the reason she became involved in
trafficking on this occasion was to provide for her children
M in South Africa and her elderly mother whom she is M
responsible to care for. He however accepts that this is
not a factor in the circumstances which would permit me to
N depart from the guidance provided by the Court of Appeal. N
O Whilst the court has the utmost sympathy for persons in the O
defendant’s situation, nevertheless the law is clear, and
the penalties that are provided for must be applied.
P P
For the quantity of drugs concerned in the instant case -
that is, 0.52 kilogrammes of heroin in its form of salts of
Q Q
esters of morphine, the appropriate starting point after
trial would be 18 years’ imprisonment. I believe in the
R circumstances the fact that there is an international R
component in the defendant’s trafficking requires me to
enhance that sentence by a period of 6 months to reflect
S this. S
From that starting point of 18 years and 6 months after
T T
trial she will get, as she is entitled to, a full one-third
discount to reflect her plea of guilty.
U U
CRT11/2.5.2012/KS 2 HCCC82/2012/Sentence
V V
A That would result in a sentence of 12 years and 4 months’ A
imprisonment. That is the sentence I will impose.
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT11/2.5.2012/KS 3 HCCC82/2012/Sentence
V V