HKSAR v. MUDASSAR MUHAMMAD

DCCC 365/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 365 OF 2017

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to a charge of trafficking dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 130.

Summary of Facts

2.  At around 8 pm on 6 February 2017, the police conducted an anti-narcotic operation outside Room C, 4^th Floor, No 19A Cameron Road, Tsim Sha Tsui.  When the defendant inserted a key into the wooden door of the said unit, the defendant was intercepted.

3.  Inside the flat, the following items were found inside the top drawer of a cabinet: glass bowl, plastic spoon, notebook and a pen, one transparent resealable plastic bag containing six smaller transparent resealable plastic bags containing a total amount of 168.27 grammes of a solid and a powder containing 22.5 grammes of cocaine.  The estimated street value was around 152,789.

4.  In a record of interview, the defendant said: -

(a) He came from China by a boat on 24 December 2015;

(b) he was not a drug addict; and

(c) his friend gave him the keys two months ago and he stayed in the flat for about two weeks.

5.  The defendant is a Form 8 holder.

Previous Conviction

6.  The defendant has a clear record.

Mitigation

7.  The defendant is aged 24, single, came to Hong Kong in December 2015.  All his family members are in Pakistan.  He was homeless and unemployed at the material time.  His friend provided him lodging in the said premises. In his mitigating letter, he said that he committed the present offence because of his sick mother aged 49.  He needed to provide her maintenance in a care centre.  He is now remorseful and apologised for what he did was wrong.

Sentence

8.  The drug concerned is 22.55 grammes of cocaine, and the applicable sentencing guideline is HKSAR v Lau Tak Ming & Others [1990] 2 HKLR 370.  For the quantity between 10 to 50 grammes, it falls into the sentencing bracket of 5 to 8 years’ imprisonment.

9.  Drug abuse has always been a problem in our society, and the Hong Kong Government is determined to fight this battle against drugs in all aspects from education, crime detection to recovery of proceeds of drug trafficking.  A clear message must be sent to the general public that drug trafficking is a serious crime and the drug traffickers would most certainly be punished by long-term imprisonment even for fresh young offenders so that there is a deterrent effect.

10.  Time and time again, in many authorities had reaffirmed that financial difficulty is not a mitigating factor, and the court will not take that into account.

11.  Having heard the mitigation from the defence, the only mitigating factor in favor of the defendant is his guilty plea.  In passing sentence, I take into account that the quantity was 22.55 grammes of cocaine.  I adopt a starting point of 5 years and 9 months, reduced to 46 months because of his guilty plea.  To this end, he has to serve a term of 3 years 10 months’ imprisonment.