HKSAR v. KOSAR MAHMOOD

HCCC423/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 423 OF 2009

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

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COURT: Kosar Mahmood, you have been found guilty of trafficking in dangerous drugs. The drugs are 641 grammes of heroin hydrochloride and 92 grammes of monoacetylmorphine hydrochloride.

The Government Chemist states in his report that monoacetylmorphine hydrochloride has the same potency as heroin hydrochloride and is a salt of ester of morphine. For the purpose of sentencing, I treat it the same as heroin.

You were seen by Customs officers to convey the dangerous drugs in question to a barbecue site, transfer them from your motorcycle to one private car.

The guideline in sentencing is clear. According to Lau Tak Ming, the starting point for trafficking 600 grammes or above of heroin is one of 20 years’ plus imprisonment. The total narcotic content in your case is 733 grammes. The appropriate starting point, in my view, is therefore 21 years’ imprisonment.

I am sure this will cause a lot of hardship to your family. However, when you embarked on this filthy trade, you should know the consequence, once caught.

Your counsel has said everything she could on your behalf. However, there is little reason why the guidelines should not be followed.

You are therefore sentenced to 21 years' imprisonment.