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DCCC 611/2021
[2021] HKDC 1609
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 611 OF 2021
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HKSAR |
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v |
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SABIR MOHAMMAD SHAHBAZ
(also known as SABIR Mohammad Shahbaz) |
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| Present: |
Mr Chain Benjamin, Counsel on Fiat, for HKSAR |
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Ms Alva Patrica E., instructed by M/s Francis Kong & Co., assigned by the Director of Legal Aid, for the defendant |
| Offence: |
[1] - [2] Trafficking in a dangerous drug (販運危險藥物) |
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REASONS FOR SENTENCE
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Reasons for Sentence
1. The Defendant pleads guilty to 2 charges of trafficking in a dangerous drug.
2. On 12/1/2021, Customs officers in plainclothes conducted an anti-narcotics operation in Tsuen Wan district.
3. At about 1905 hours, they spotted the Defendant carrying a white plastic bag near Shek Pik New Village, Tsuen Wan. A search on him revealed two transparent packets containing a total of 997.17 grammes of herbal cannabis. After arrest and caution, he said the herbs were cannabis and belonged to him for smoking and relaxing.
4. Keys found on him were used to open the door to a flat on 3th floor of a block in the village. In the living room, there were carton boxes or plastic bags, as the case may be, which contained in total 4,564.70 grammes of herbal cannabis and 3,216.20 grammes of cannabis resin. In the kitchen, there were packaging paraphernalia, such as electronic scales, zip lock bags, plastic bags, chopping boards and spatula. After arrest and caution, he said the cannabis belonged to him and were for smoking to sleep well; the packing paraphernalia found in the kitchen was for packing into smaller bags; the flat was rented by him.
5. In the subsequent enquiry by the police, he said in substance that the cannabis did not belong to him; the rent was not paid by him.
6. His fingerprints were found inside at various parts inside the flat.
7. The market retail value of the cannabis is estimated at about $1,500,000.
8. The Defendant now accepts that the cannabis found on him and in the flat belonged to him and were for the purpose of unlawful trafficking.
9. The Defendant is a Form 8 Recognizance holder. On 16/5/2019, he was sentenced to 4 weeks’ imprisonment for trafficking in a dangerous drug. I agree to the two written mitigations dated 5/10/2021 and 17/12/2021 respectively by Ms. Alva. The prosecution have no special observations.
10. I sentence the Defendant to 19 months’ imprisonment on both charges concurrently.
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