HKSAR v. JOSEPH NABEEL

DCCC 854/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 854 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 26 June 2013, at the lift lobby of the 12th Floor, Block E of Chungking Mansions at Nathan Road, Tsim Sha Tsui, you trafficked in 5.17 grammes of a crystalline solid containing 4.90 grammes of methamphetamine hydrochloride, otherwise commonly known as “Ice,” 0.06 grammes of a powder containing cocaine and 1.92 grammes of cannabis resin.

2.  On the day in question, at about 4.45 pm, police officers were conducting an anti-crime patrol at Chungking Mansions.  An officer spotted you on the 12th floor of the lift lobby and as soon as you saw the officer, you hesitated and turned away.  Seeing those circumstances, the officer intercepted you and asked what you were doing there.  You did not reply.  You were holding a plastic bag and within that plastic bag were the drugs as stated in the charge.  There were five bags of “Ice,” one bag containing the cannabis and one bag containing the cocaine.  Also found in that plastic bag was an electronic scale and a quantity of plastic bags which were similar to the plastic bags used to contain the drugs.

3.  At the time of arrest, you had in your possession HK$23-odd and 100 Pakistani Rupee.

4.  The street value of the “Ice” was about $3,254, the cannabis $156 and cocaine $58.

5.  Mr Trevor Beel, your counsel, has mitigated fully and thoroughly on your behalf today.  I have taken into account the mitigation advanced on your behalf.  You are 33 years of age and came to Hong Kong in 2010 illegally and have since applied for asylum and have been granted a conditional stay upon recognisance.  You were born in Pakistan and received education up to high school in Pakistan.  You have one previous conviction for possession of dangerous drugs, to which you were sentenced to 3 months’ imprisonment in September 2012.

6.  Mr Beel has helpfully referred this court to the authority of Attorney General v Ching Kwok Hung which is the guideline for trafficking in “Ice,” and also in the case of Attorney General v Tuen Shui Ming & Another for trafficking in cannabis resin.  He also correctly points out that you were trafficking in a combination of drugs.

7.  In my view, the cannabis and the cocaine were of such a negligible quantity that I shall not take this into account when sentencing you for this offence of trafficking.

8.  Defendant, following the guidelines in Ching Kwok Hung, the first bracket of up to 10 grammes, the sentence should range from between 3 to 7 years’ imprisonment.  You were trafficking in 4.90 grammes of “Ice.”  In those circumstances, Defendant, and following the guidelines, had I convicted you after trial, I would have taken a starting point of 5 years’ imprisonment. However, you have pleaded guilty and you deserve the full one-third discount, and that shall be reduced to 3 years and 4 months’ imprisonment to which you shall be so sentenced.