HKSAR v. OULA MARY ADHIAMBO

HCCC92/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 92 OF 2010

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HKSAR
v
OULA MARY ADHIAMBO

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Before:

Hon McMahon J

Date:

29 June 2010 at 10.22 am

Present:

Mr John Dunn, on fiat, for HKSAR
Mr Philip Chau Ka-chun, instructed by Messrs Hoosenally & Neo, for the Accused

Offence:

Trafficking in a dangerous drug (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, a 47 year old Kenyan female, was convicted by a jury of an offence of trafficking in 123.28 grammes of monoacetylmorphinehydrochloride and 979.26 grammes of heroin hydrochloride.

On 12 October 2009 she had brought the drugs into Hong Kong on a flight from India which had arrived via Singapore. The drugs werecontained in 10 packets hidden in the lining of five handbags which were in turn contained in her suitcase.

I have been provided with the witness statement of Dr Ng Po‑king, a forensic scientist employed within the Government Laboratory.That statement has been provided to me with the consent of both Mr Dunn for the prosecution and Mr Chau for the defendant.

For the reasons set out in that statement I accept that both forms of the drug are of similar toxicity. Both are forms of salts ofesters of morphine and, accordingly, I propose to sentence on that basis. There is no dispute as to that approach by either Mr Dunnor Mr Chau.

Therefore I treat both forms of the drug as falling within the guidelines set out in Abdallah Anwar Abbas. The totality of drug is 1,102.54 grammes.

I adopt, on that basis, an initial starting point of sentence of 22 years’ imprisonment. I enhance that by two years to reflect theinternational dimension of the offence so as to arrive at a starting point of sentence of 24 years’ imprisonment.

Whilst the family circumstances of the defendant promote some degree of sympathy, nevertheless they are not of a sort as to amountto any mitigation of substance. Nor has any other mitigation been presented to me. Nor, on the facts of this case, was there anyavailable.

Accordingly the defendant is sentenced to 24 years’ imprisonment.