HKSAR v. Yasir Muhammad

HCCC 56/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 56 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 a charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You have admitted on 10 September 2013 at Muk Kiu Tau Tsuen, Kung Um Road, Yuen Long, you unlawfully trafficked in 1,960 grammes of a powder containing 1,490 grammes of cocaine.

On that day, police officers of the Narcotics Bureau were carrying out an anti-drug trafficking operation in the vicinity of Yuen Long Park. They saw you lingering in the park and thereafter approach a vehicle, lean into the front passenger window and then, 30 seconds later, the car drove off. You were observed to be carrying a recycled bag. You then boarded a taxi and the officers followed that taxi until it stopped at 87 Muk Kiu Tau Tsuen.

When you alighted from the taxi the police officers intercepted you and searched you. Inside the black recycled bag you were carrying were the drugs contained in two transparent resealable plastic bags.

Upon arrest for the offence of trafficking in a dangerous drug, under caution you told the officers:

“I have no money and I come to bring cocaine to people for someone. Just 500 a day.”

The seized dangerous drugs had a street value of $2,134,440.

You are 28 years of age and are of clear record. Mr James McGowan, your counsel, informed me that you came to Hong Kong in 2009 fleeing Pakistan in fear of your life. At the time of commission of this offence you were on a Form 8 recognizance. As you are unable to work, and the sums provided by ISS was small, you succumbed to the temptation to traffic in drugs to earn $500 a day.

The drugs to which you were trafficking in are a sizeable amount.

The guideline tariff starting points for trafficking in cocaine for larger amounts was laid down in HKSAR v Abdallah Anwar Abbas. The bracket to which these drugs fall into is in the second bracket, that is of between 1,200 to 4,000 grammes, a starting point after trial is between 23 to 26 years’ imprisonment.

Defendant, had you been convicted after trial, I would have adopted a starting point of 23 years’ imprisonment. You have pleaded guilty and that is your strongest mitigating factor and, in those circumstances, you will receive the customary one-third discount for your plea and you shall serve 15 years and 4 months’ imprisonment.