HKSAR v. NAZIR KASHIF

HCCC 365/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 365 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. Both charges were committed on 20 March 2014. In respect of the 1st charge, that was committed at Castle Peak Road at Tuen Mun, where you unlawfully trafficked in 1,370 grammes of a solid containing 560 grammes of cocaine. In respect of the second count, that was committed at Room 503, Goodrich hotel, at Woosung Street, Yau Ma Tei, Kowloon, where you trafficked in 330.60 grammes of a solid containing 133.12 grammes of cocaine.

On 20 March 2014 at about 8.40 pm, you were in a taxi in the Castle Peak area. The police intercepted and stopped the taxi at the Gold Coast in Castle Peak Road. At that time you seated at the rear left passenger seat, holding a pink plastic bag in your hand. The bag was examined and found to contain a juice box, or a box which was used to containjuice. Inside this box contained 10 packets of part of the drugs in Count 1, and in another McDonald’s bag, there were three other plastic bags containing further packets, which formed another part of the drugs in Count 1.

You were then taken to the police station, where a search revealed three mobile phones and a key card from the Goodrich Hotel. You were then taken to the Goodrich Hotel. The staff confirmed the key card was for room 503. In a search of that room, the police found from a trough above the bed, ten further packets and a brown plastic sheet containing the drugs in Count 2. Also found in the room was a weighing scale, a cutter and plastic bags. You were cautioned and you said you were helping a friend to carry dangerous drugs to others because you had no job. You would only receive $1,000 each time. You asked for a chance.

The CCTV footage provided by the hotel showed you leaving and entering the hotel. On 20 March, it was seen that you left Room 503 at 4.30 pm, carrying nothing, you then returned to the room at 8.10 pm carrying a pink plastic bag, you left again at 8.30 pm carrying a pink plastic bag and a white plastic bag.

Defendant, you are married to a Hong Kong resident. You are 36 years old, from Pakistan. You are here, however, at this time, as a torture claimant, holding a form 8 recognizance, even though you, Mr McGowan, your counsel, tells me you previously held a Hong Kong ID card and were entitled to work in Hong Kong. That ID card or your residence status has since been revoked.

You have eight previous convictions, none of which are similar or related. Your first conviction dates back to the year 2000, of which you committed a breach of condition of stay; and your other offences relate to unlawfully remaining in Hong Kong in 2004 and 2007;breach of your deportation order in 2007 and 2012; possession of an ID card relating to another in 2004; and making a false representation to an immigration officer in 2012. For all of these convictions, you received various terms of imprisonment.

Mr McGowan informs me that as you were unable to work, you had to borrow money from a man you had met whilst serving a sentence of imprisonment. When that man asked you for the return of the money, you were unable to repay it, so you were offered this opportunity to traffic in drugs to pay off your debt.

As it happens, you were caught, and upon being caught for this offence, Mr McGowan says you have entered an early plea of guilty.

Mr McGowan recognises that for the total amount of drugs involved in both counts, which is just under 700 grammes, on the guidelines as laid down by the Court of Appeal, that warrants a term of slightly above 20 years.

Defendant, I accept there are no aggravating factors in this case. The relevant cases for consideration in trafficking in cocaine is that of Lau Tak Ming and Abdallah Abbas. The total drug purity in this case is 693.12 grammes of cocaine, and that is the amount I shall sentence you in respect of the total amount of drugs.

Defendant, had you been convicted after trial, a sentence of 20 years and 3 months’ imprisonment would have been appropriate. However, you have pleaded guilty, and the full one-third discount is warranted, and therefore that sentence shall be reduced to 13 years and 6 months’ imprisonment, to which you shall so serve.

However, I must sentence you now individually for each count. In Count 1, there was 560 grammes of cocaine, and following the guidelines laid down in Lau Tak Ming, had you been convicted after trial, a sentence of 19 years would be an appropriate starting point. Giving you full credit for your plea of guilty, that term would be reduced to 12 years 8 months, to which is the sentence for Count 1.

In respect of Count 2, the amount of drugs involved was 132.12 grammes. Had you been convicted after trial, the appropriate sentence would be one of 11 years’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reduced to one of 7 years 4 months’ imprisonment, to which sentence is appropriate for Count 2.

As I mentioned, your sentence to be served is one of 13 years and 6 months, and therefore I order 10 months of Charge 2 to run consecutive to Charge 1. The remaining terms are to run concurrent to Charge 1, and that would make a total term of 13 years and 6 months’ imprisonment.