HKSAR v. MD RAJIB

HCCC 330/2018

[2019] HKCFI 1909

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 330 OF 2018

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant was convicted by jury after trial of one count of trafficking in a dangerous drug. Evidence showed that on 4 January 2018, when the police gained entry into the defendant’s residence at Tsim Sha Tsui, they found four plastic bags of cocaine, totalling 52.5 grammes of dangerous drugs. The street value was estimated to be just over HK$100,000.

The defendant is now 37 and he came to Hong Kong in 2015. At present, he is a non-refoulement claimant. The defendant was unemployed at the time and he only completed primary school education back in Bangladesh.

Guidelines on sentencing are clear. The starting point for trafficking in 50 grammes of cocaine is one of 8 years’ imprisonment. There is, however, one aggravating feature in this case, that is the defendant’s status as a non-refoulement claimant in Hong Kong. As such, an additional 1 year will be added to the starting point. The defendant is convicted after trial, I see no other mitigating factors exist in this case.

As such, for the offence the defendant stands convicted, he is sentenced to 9 years’ imprisonment.