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HCCC415/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 415 OF 2011
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HKSAR |
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v. |
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Makbul Shajar Shariff Abubakar Abdalla |
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| Before:
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The Honourable Mrs Justice V Bokhary
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| Date:
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23 December 2011 at 10.24 am
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| Present:
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Mr Peter Power, SADPP, of the Department of Justice, for HKSAR
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Mr David Tolliday-Wright, instructed by Messrs Michael Cheuk, Wong & Kee (assigned by DLA), for the Accused
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| Offence:
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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 accused, you stand convicted of one charge of trafficking in a dangerous drug.
ACCUSED: Yes, your Lord.
COURT: You have pleaded guilty at the Magistrates’ Court and you have been committed to the High Court for sentence.
COURT: The quantity of drugs involved is 0.51 kilogrammes of a mixture containing 0.3 kilogrammes of heroin hydrochloride.
These drugs were imported into Hong Kong from abroad. All things considered I adopt a starting point of 13½ years, enhance it by 1 year, making a total of 14½ years. I have taken...
MR TOLLIDAY-WRIGHT: I’m just thinking on the enhancement, my Lady, doesn’t that just apply to the Abbas case, when you are enhancing it for the foreignness of the importation. My view was that it was just for the Abbas -- when we are dealing with really large, huge amounts of drugs. But of course, I am bound by what you say, my Lady.
COURT: Yes. I have taken into account everything urged in mitigation on your behalf, including your early plea of guilty and your special personal circumstances.
Having taken them into account I am prepared to give you a slightly more than one-third discount, thereby reducing the starting point of 14½ years to one of 9½ years.
You are therefore sentenced to 9½ years’ imprisonment.
Please refer to CACC6/2012 for the relevant appeal(s) to the Court of Appeal. |