HKSAR v. Mohammed Zamir

HCCC 93/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 93 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Mr Mohammed, you have pleaded guilty to trafficking in dangerous drugs contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you stand convicted upon your own plea, that is, you have pleaded guilty to trafficking in 73.4 grammes of methamphetamine hydrochloride, commonly called ‘Ice’.

The facts of the case have already been read out to you by the prosecution and you have agreed them. But, in essence, they are that you were intercepted at the entrance to Wan Chai Park and at that point, when searched, you were found to have the drugs inside a transparent resealable plastic bag. That bag was, in itself, inside a black plastic bag and yet another bag; we can see how they were concealed in the photographic bundle.

You have been observed meeting up with an Indo-Pakistani male inside the park and counsel on your behalf says that that is where you received the bag. And, indeed, on arrest and under caution through an interpreter, you said that you did not know anything about the bag and you also said that you did not know what was inside it. In interview, you said that you had been asked to hold it for a minute by the man you met in the park and that you did not look inside. In interview you also admitted, and have done so now, that you are a heroin user with a daily habit and that you occasionally use ‘Ice’.

But by reason of your guilty plea today, Mr Mohammed, you accept that none of what you actually said in interview was true and you accept that you were intending to supply those drugs to someone else.

The total value of the drugs that you were trafficking, as the prosecution have said, was $54,954 in August 2014.

That is a considerable amount of money and I accept what your counsel says that you would never have been in a position to be able to purchase those drugs. So you were clearly acting as a middle-man. But, obviously, you were nevertheless trafficking in dangerous drugs.

You are now 24 years of age, a married man with a young child. Although your family live in India you are a torture claimant here in Hong Kong and have been since January of last year.

I take into account everything that has been said on your behalf by Ms Panesar. Most importantly, I take into account your very early indication of plea, your limited educational background and your previous good character. She says on your behalf that you have fallen into bad company; that occurred because you did not have the support of your family around you and that you are genuinely remorseful.

Mr Mohammed, the relevant sentencing guideline for the offence of trafficking in ‘Ice’ is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in-between 70 grammes and 300 grammes of ‘Ice’ the sentencing range is between 11 to 15 years.

As Ms Panesar quite rightly points out it is open to the court to carry out quite a precise mathematical exercise as to the sentence that should be passed upon you, but that the Court of Appeal has indicated that a strictly mathematical approach is not always appropriate.

I have heard what she said on your behalf and I take a starting point of 11 years.

Trafficking in dangerous drugs is a very serious offence and deterrence is, therefore, an overwhelming consideration. So whilst I have heard your personal circumstances and the reason for the commission of this offence, in the face of such a serious offence there is nothing which has been said on your behalf which could warrant a more lenient course.

So giving you the full discount for your early indication of plea, which is commendable, the sentence which I pass on you, giving you the greatest possible discount is, therefore, one of 7 years and 4 months’ imprisonment.