Mr Mughal Hanif Mohamed, instructed by Messrs Tang & Lee
HCCC 15/2011
HCCC15/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 15 OF 2011
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Before:
Deputy High Court Judge A Chan
Date:
15 March 2011 at 9.45 am
Present:
Ms Catherine Ko, SPP of the Department of Justice, for HKSARMr Mughal Hanif Mohamed, instructed by Messrs Tang & Lee, for the Accused
Offence:
Trafficking in dangerous drugs (販運危險藥物)
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. He was committed to this court for sentence.
The Summary of Facts which was admitted by the defendant reveals the following: on 2 June 2010, the defendant was intercepted by Customs Officers at Hong Kong International Airport. He was escorted to Queen Elizabeth Hospital for examination. 95 pellets of drugs were found concealed inside his body. The drugs were later analysed by the Government Chemist and found to contain 459 grammes of heroin hydrochloride and 434 grammes of monoacetylmorphine hydrochloride. The street value is estimated to be HK$1.15 million. Monoacetylmorphine hydrochloride is a derivative of heroin and for the purpose of sentencing will be treated the same as heroin. The defendant is a merchant by occupation and has a clear record in Hong Kong. Guidelines on sentencing are clear. Amounts of over 600 grammes fall into the very large quantity. 893 grammes will therefore attract a starting point of 21 years. The defendant acted as a courier to bring dangerous drugs into Hong Kong for reward. An additional one year will be added to reflect this aggravating feature. The defendant will be given the usual one-third discount for his plea. In conclusion, the defendant is therefore sentenced to 14 years and 8 months’ imprisonment.
The Summary of Facts which was admitted by the defendant reveals the following: on 2 June 2010, the defendant was intercepted by Customs Officers at Hong Kong International Airport. He was escorted to Queen Elizabeth Hospital for examination. 95 pellets of drugs were found concealed inside his body. The drugs were later analysed by the Government Chemist and found to contain 459 grammes of heroin hydrochloride and 434 grammes of monoacetylmorphine hydrochloride. The street value is estimated to be HK$1.15 million.
Monoacetylmorphine hydrochloride is a derivative of heroin and for the purpose of sentencing will be treated the same as heroin.
The defendant is a merchant by occupation and has a clear record in Hong Kong.
Guidelines on sentencing are clear. Amounts of over 600 grammes fall into the very large quantity. 893 grammes will therefore attract a starting point of 21 years.
The defendant acted as a courier to bring dangerous drugs into Hong Kong for reward. An additional one year will be added to reflect this aggravating feature. The defendant will be given the usual one-third discount for his plea.
In conclusion, the defendant is therefore sentenced to 14 years and 8 months’ imprisonment.