HKSAR v. MD EMON SHA

DCCC 927/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 927 OF 2014

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Reasons for Sentence

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1.  The defendant has pleaded guilty to two charges of trafficking in a dangerous drug. These are the 3rd and 4th charges on the indictment and relate to offences committed on 17 August and 22 August 2014.

2.  Both offences involve the controlled purchases of the drug by a police officer who was acting as a decoy.  Communication was made telephone.  And on each occasion the police officer bought two packets of the drug “Ice” from the defendant, four packets in total on the two transactions.  On each occasion, the drugs were bought for $1,300.

3.  On 17 August, there was a total of 1.39 grammes of methamphetamine hydrochloride purchased and on the second occasion, that is 22 August, it was 1.46 grammes of methamphetamine hydrochloride. 

4.  And on each occasion, the estimated street value of the drugs is $1,140. 

5.  The defendant has admitted those facts and I have convicted him accordingly.

6.  The defendant is a 30-year-old male, of clear record in Hong Kong; no previous convictions in Hong Kong.  It is his first offence.  He has come here originally as a refugee from Bangladesh arriving in 2007.  He has married a local lady in 2009 and they have a 3-year-old son.  She is also pregnant now and is expecting a child in early May of this year.  So the defendant has clear and close local ties and responsibilities here.

7.  Despite being married to a local resident, he does not have a work permit.  But it would appear to be the case that he would be entitled to one certainly as a dependent.  So there is a good chance that on completion of any sentence of imprisonment the defendant will be able to get lawful employment eventually in Hong Kong. 

8.  He says in an interview with the probation officer that he had agreed to deliver dangerous drugs under the instigation of his countrymen in order to get some money and he had not thought about the proper consequences of making money in this way. 

9.  So, in summary, the defendant is a first offender with substantial ties now in Hong Kong. 

10.  Insofar as the offences are concerned, he is convicted of the offence of trafficking in the drug, methamphetamine hydrochloride, and there is a guideline sentence for this offence.  And a quantity of up to 10 grammes, the guideline sentence is between 3 to 7 years’ imprisonment. 

11.  The quantity in each of the offences to which the defendant has pleaded guilty is under 1½ grammes, the drug.  The defendant is also, as I have said, of clear record.  I shall follow the starting point and take the lower part of the starting point in respect of these offences.  I take a starting point of 3 years’ imprisonment on each of the charges to which he has pleaded guilty.  He is of course entitled to a discount from that sentence, one-third, which leaves the base sentence on each of the 3rd and 4th charges of 2 years’ imprisonment. 

12.  The offences are committed on separate occasions and therefore can be served consecutively, or at least partly consecutively.  I must bear in mind the overall proper total sentence for this serious offending.  I consider that would be in the region of 45 months.  Therefore, in terms of assessing and achieving the correct overall totality, I will order that 6 months of the sentence on the 4th charge be served consecutively to that on the 3rd charge, and the balance concurrently.  It gives an overall total of 2 years and 6 months’ imprisonment, or 30 months’ imprisonment.