HCCC150/2012
A HCCC150/2012 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 150 OF 2012
C C
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D HKSAR D
v
E E
Suzaini Binti Hashim
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F F
Before: Hon Saw J
G Date: 10 July 2012 at 9.51 am G
Present: Ms Rosaline Leung Sun-yee, SPP, of the Department of
Justice, for HKSAR
H Mr James Francis David Collins, assigned by the H
Director of Legal Aid, for the Accused
I Offence: Trafficking in dangerous drugs (販運危險藥物) I
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J Transcript of the Audio Recording J
of the Sentence in the above Case
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K K
COURT: On 11 May of this year, the defendant pleaded guilty at
L the Eastern Magistracy to a charge of trafficking in a L
dangerous drug. She was committed to this court for
sentence pursuant to section 81B of the Magistrates
M Ordinance, Chapter 227. Today she has confirmed her plea of M
guilty and accepted again a Summary of Facts which the
prosecution submits in support of the charge.
N N
The particulars of the charge to which the defendant has
O pleaded guilty are to the effect that she trafficked in 740 O
grammes of a mixture containing 380 grammes of heroin
hydrochloride and 120 grammes of 6-monoacetylmorphine
P hydrochloride, a total of 500 grammes of the two salts of P
esters of morphine.
Q Q
The offence was committed on 22 October 2011 at the Hong
Kong International Airport. On that day, the defendant, who
R holds a Malaysian passport, arrived in Hong Kong on a flight R
from Kuala Lumpur in Malaysia. She was searched by Customs
officers and, beneath her undergarments, she had concealed a
S slab of what was suspected to be dangerous drugs. She was S
arrested and later conveyed to the Queen Elizabeth Hospital
T
where she subsequently discharged some 55 pellets. T
The slab of suspected dangerous drugs and the 55 pellets
U were examined by the Government Chemist who certified there U
CRT11/10.7.2012/CC 1 HCCC150/2012/Sentence
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A to be, in total, as I have indicated, 740 grammes of a A
mixture which contained 500 grammes of salts of esters of
morphine in the form of heroin hydrochloride and
B 6-monoacetylmorphine hydrochloride. The drugs had a retail B
value in Hong Kong of almost $500,000.
C C
The defendant, when interviewed, had told the interviewing
officers that she had been paid to deliver the drugs to
D Guangzhou and that she was on her way to do that. D
Today, the defendant is ably represented before me by
E Mr Collins. He has told me something of the background of E
the defendant. As is indicated in an antecedents statement
submitted, she is 41 years of age and the mother of four
F F
children whose ages range from 9 to 21. Her personal
circumstances, albeit, as Mr Collins properly accepts, would
G normally not amount to significant mitigation by reason of G
the nature of the offence she has committed, are not
unfamiliar. She was motivated by the need for money and was
H inveigled into becoming a drug courier by others. H
I
It is regrettable that the consequences of her conduct are I
that her children will no longer have her presence and
support but, as Mr Collins quite rightly accepts, one must
J not lose sight of the fact that the consequences of J
trafficking in dangerous drugs have a significant and deep
impact on a large number of people in the community who
K ultimately consume those dangerous drugs. K
L The defendant has herself written a lengthy letter to the L
court in mitigation and as an expression of her genuine and
sincere remorse and I accept what she says. Nevertheless,
M the Court of Appeal has made it clear on a number of M
occasions that where offences of drug trafficking are
concerned and, in particular, where there are substantial
N amounts of drugs, as there were here, the personal N
circumstances and the ultimate remorse of the defendant
O involved does not amount to significant mitigation. O
Mr Collins has referred me to The Queen v Lau Tak Ming & Ors
P [1992] HKLR at page 370, wherein the Court of Appeal has P
indicated guidelines for judges sentencing for trafficking
in dangerous drugs. Applying those guidelines to the
Q Q
quantity of drugs that we have here, it would normally
indicate that a starting point for sentence after trial of
R 17 years and 6 months was warranted. R
Nevertheless, the international element which is involved in
S this defendant’s drug trafficking justifies, in my opinion, S
an enhancement of that starting point to reflect the fact
that the drugs had been brought into Hong Kong and were
T T
intended for transhipment to the mainland. It has long been
held to be a significant aggravating factor.
U U
CRT11/10.7.2012/CC 2 HCCC150/2012/Sentence
V V
A In the circumstances, taking all matters into account, A
including the personal circumstances of the defendant, I
believe that it is appropriate to enhance the starting point
B by a term of 6 months to make a total, after trial, of a B
sentence of 18 years.
C C
The defendant is, of course, entitled to a full one-third
remission from that starting point for her plea of guilty.
D There is nothing in the personal circumstances of the D
defendant or in the circumstances of the commission of the
offence which, in my opinion, would justify a further
E discount in addition to that one-third. E
That being the case, the appropriate sentence, in my
F F
opinion, is one of 12 years’ imprisonment and I make an
order to that effect.
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
CRT11/10.7.2012/CC 3 HCCC150/2012/Sentence
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