HKSAR v. Mallick Imran

DCCC 757/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 757 OF 2016

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REASONS FOR SENTENCE

1.Imran Mallick you have pleaded guilty to one charge of trafficking in 7,187 grammes of cannabis resin, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.Full particulars of the offence are set out in the facts admitted by you on 22 November 2016.  In summary on 24 March last year you arrived at the Hong Kong International Airport on a flight from Kolkata, India.  At about 2:05 p.m. you were intercepted by customs officers for customs clearance. 

3.You were pushing a trolley with two bags on.   After you confirmed the bags belonged to you, customs officers examined the content of the bags.  Inside each of the bags were nine rucksacks.  Examination of the rucksacks revealed the cannabis was concealed in eight of the rucksacks.  Photographs of the rucksacks showing how the cannabis was concealed have been produced to court. 

4.Under caution you said the luggage was given to you by a stranger who requested you to take the luggage to Hong Kong. 

Mitigation

5.In passing sentence, I have carefully considered everything said on your behalf by Mr McGowan, including that you have a young family in Kolkata.  I am told that you agreed to take the luggage to Hong Kong, knowing the luggage contained drugs, because you needed to clear off debts incurred in raising money to help pay for an operation your mother needed on her hip. 

6.I also take into account that you have a clear record.  This however carries little weight where you are a visitor to Hong Kong.  I also acknowledge that should he be arrested you are willing to testify against the man who came with you and for who you carried the drugs.  This however seems unlikely as I am told this man was refused entry to Hong Kong.

Sentence

7. In Attorney General v Tuen Shui Ming & another[2] the Court of Appeal laid down guidelines for sentencing.  Where the quantity of cannabis resin is over 6000 grammes and less than 9000 grammes the sentence after trial is between 3 and 4 years imprisonment.    

8.I agree with Mr McGowan that the appropriate starting point after trial for trafficking in 7,187 grammes is 3 years and 4 months imprisonment.   

9.Importing cannabis into Hong Kong is an aggravating feature of sentence by reason of which I enhance the starting point by 2 months to 3 years and 6 months imprisonment.  Giving you full credit for your plea you are convicted and sentenced to 2 years and 4 monthsimprisonment.

[1]  Cap 134.

[2]  [1995] 2 HKCLR 129.