HKSAR v. RASUL GOLAM

DCCC 952/2017

[2018] HKDC 788

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 952 OF 2017

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Reasons for Sentence

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1.  The defendant has been convicted after trial of an offence of trafficking in dangerous drugs.

2.  Dealing with his personal circumstances, he is a 32‑year‑old Indian male, a Form 8 recognisance holder, with no previous convictions.

3.  I do not propose to rehearse the facts of the case as I have already set them out in my reasons for verdict, but I have found the defendant possessed for the purposes of trafficking a total of 15.74 grammes of a mixture of cocaine and heroin hydrochloride.

4.  As far as determination of starting point of sentence, the quantity of drug of course is the normal way in which the guideline comes into operation.  In this case there is a quantity of 15.74 grammes of drug.  The guideline sentence for each drug is the same, so they can be totalled up.  The quantity of drug falls within the sentencing range of 10 to 50 grammes, which is between 5 to 8 years’ imprisonment.

5.  There are no reasons in this case to depart from the normal sentencing guideline, which in this case would come into operation as a base sentence of 5 years’ imprisonment.

6.  In determining where this case lies on the guideline, I take into consideration firstly the quantity and secondly, that the defendant is a man of clear record.  He has no previous convictions of any kind.

7.  I consider, looking purely at the guideline, a sentence of 5 years’ imprisonment is appropriate.

8.  The defendant is, of course, a Form 8 holder, and recent authority from the Court of Appeal has indicated that that is an aggravating factor in sentencing, especially in a case such as trafficking in dangerous drugs, which strikes at the public of Hong Kong.

9.  I consider this is an appropriate case for enhancement due to that aggravating factor.  I must look at what that enhancement must be. There is no actual guideline on how that aggravating factor is assessed in terms of the length of additional sentence that must be imposed.

10.  Again, I look at the quantity of drug and the risk to the community and the defendant’s own background, and namely, his clear record, and I determine that an enhancement of 3 months’ imprisonment is appropriate for that factor.

11.  The final sentence of imprisonment will be one of 5 years and 3 months’ imprisonment.