|
DCCC 255/2014
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL ACTION NO 255 OF 2014
---------------------
| |
HKSAR |
|
| |
V |
|
| |
ALI RAZA |
|
| --------------------- |
| Before: |
His Honour Judge Alex Lee |
| Present: |
Ms Bina Sujanani, Counsel on Fiat, for HKSAR/Director of Public Prosecution |
| |
Mr Polson Ian Hastings, instructed by Ong & Chung, assigned by the Director of Legal Aid, for the defendant |
| Offences: |
Trafficking in a dangerous drug（販運危險藥物） |
--------------------------------------
REASONS FOR SENTENCE
--------------------------------------
1. The defendant is convicted after trial of a charge of trafficking in a dangerous drug.
2. According to the sentencing guidelines laid down in Attorney General v Pedro Nel Rojas[1] and R v Lau Tak Ming & Others,[2] trafficking in 10 to 50 grammes of cocaine would attract a sentence of 5 to 8 years imprisonment. In the present case, the defendant trafficked in 30.33 grammes of cocaine. Based on the quantity of the dangerous drug, I adopt 6½ years imprisonment as the starting point.
3. The defendant is aged 25 years. He is a torture claimant from Pakistan. However, he has since married to a local citizen and his status as a dependant spouse is being processed. He has a clear record. Mr Polson realistically accepts that there is little to be said on behalf of the defendant by way of mitigation. As such, I see no reason not to follow the tariff.
4. The defendant is sentenced to 6½ years imprisonment.
|
( Alex Lee )
|
|
District Judge |
[1] [1994] 1 HKC 342
[2] [1990] 2 HKLR 370
|