HKSAR v. SHAZAB SAEED NIAZI

DCCC 946/2021

[2023] HKDC 289

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 946 OF 2021

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REASONS FOR SENTENCE

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1.  In these proceedings the defendant Shazab Saeed Niazi pleaded guilty to, was convicted of, one count of assisting offender, contrary to section 90(1) and (3) of the Criminal Procedure Ordinance, Cap 221.

2.  The background of this case is as follows: 4 other defendants, one of which asked the other three to assault a friend of hers and steal her money. As a result all 4 defendants were jointly charged with one count of robbery. There is no evidence that D5 was involved in the assault and the theft.

3.  D5 was a friend of one of the defendants. On 27 May 2021, D5 was asked by the latter to help to find a place to stay in order to evade police apprehension. Knowing that his friend was wanted by the police, the defendant reserved a hotel room in his own name and paid the rent in cash of $500 in this purpose.

4.  According to the defendant, he thought his friend was only involved in a shoplifting case. He contended that he did not have full knowledge of the crime involved.

5.  What the defendant did in this case was akin to perverting the course of justice for which a term of imprisonment is warranted. I take into account the fact that at the time the defendant was 18 years old and he had only one previous conviction involving dangerous drugs, I called for reports from the Correctional Service and the probation officer.

6.  The medical officer of the Correctional Service confirmed that the defendant was a drug dependant. He was medically unfit for the training centre programme but was suitable for the drug addiction treatment centre programme.

7.  In view of his tender age, his relatively minor involvement in the substantive crime, I consider the sentence order should be dominated by the purpose of rehabilitation.

8.  I had also considered his background, I understand as a minority in Hong Kong, he might have difficulty fitting in and leading the life of a normal citizen. However, there are examples of those who overcome this difficulty and become a useful member of the society, so this fact is not a reason to commit crimes.

9.  I would urge him and also his family to note that this time it is only a DATC order, but if he does not get on with his life by getting a proper job and become independent financially, the only prospect I can see for him is committing further crimes again. That would mean that he will be in and out of the penitentiary system for the rest of his life. Whether this is the kind of future he wishes to have, it will be his choice. Meanwhile, the most important thing is to try to get rid of his drug dependence.

10.  He is hereby sentenced to DATC and their mentoring programme.