HKSAR v. AZAM MOHAMMAD

DCCC 195/2020

[2020] HKDC 546

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 195 OF 2020

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REASONS FOR SENTENCE

1.  The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is methamphetamine hydrochloride, commonly known as "ICE".

Summary of Facts

2.  About 9:15 p.m. on 16 January 2020, PC 27903 (PW1) stopped the defendant at No.358 Shanghai Street, Yau Ma Tei for enquiry.

3.  Upon search, inside a wallet contained in the sling bag carried by the defendant, 5 transparent resealable plastic bags were found. The 5 plastic bags were subsequently found to contain a total of 5.56 grammes of a crystalline solid containing 5.53 grammes of methamphetamine hydrochloride.

4.  In his video interviews, the defendant, in the presence of an Urdu interpreter, admitted that he bought the ICE from an unknown Chinese male in Sham Shui Po.  He also claimed to be an ICE user and that he did not have a place to stay.

5.  The defendant now admits that he possessed the ICE found on him for the purpose of unlawful trafficking.

Mitigation & Sentence

6.  The defendant is 45 and has 18 conviction records, which included 6 "simple possession" offences.  Defence counsel Mr. Mughal informed me that the defendant came to Hong Kong from Pakistan in 1985.  He is married and his wife is in Pakistan.  The defendant has been a construction worker in the past 15 to 20 years.

7.  I asked in what ways the defendant intended to traffick the ICE found on him, Mr. Mughal's reply was he has no instructions in this regard, except the defendant engaged in trafficking to feed his own drug habits.  In mitigation, Mr. Mughal submitted that the present charge is the defendant's 1^st "trafficking" conviction.  He cooperated with the Police and pleaded guilty to the charge.

8.  Drug abuse has always been a problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller or courier) and that drug traffickers would most certainly be punished by long-term imprisonment, so that there is a deterrent effect.

9.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ICE (see HKSAR v Tam Yi Chun [2014] 3 HKLRD 691).  For up to 10 grammes, the sentence ranges from 3 to 7 years' imprisonment.  The defendant trafficked in 5.53 grammes in the present case.  Applying a strict arithmetical approach, the appropriate starting point is 5 years and 3 months.

10.  The defendant is no stranger to drug-related offences, but I accept that this is his 1^st "trafficking" conviction.  I consider a starting point of 5 years' imprisonment to be appropriate and just.  With his timely guilty plea, the sentence is reduced to 40 months.   Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 40 months' imprisonment.