HKSAR v. Usman Butt

HCCC 125/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 125 OF 2016

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

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COURT:

The facts are that on 26 September 2015, a parcel arrived in Hong Kong, sent by DHL Express. It was addressed to the defendant at an address in Woosung Street, Jordan, Kowloon. That parcel was from Panama. A controlled delivery was arranged. The delivery was arranged for 29 September 2015. The defendant answered the door. He produced his proof of identity, and the defendant acknowledged receipt of that parcel.

Later on the same day, the police executed a search warrant, and found the parcel inside the premises. When the parcel was opened, 16 wooden bars were found in the parcel, and each of them contained the dangerous drugs in there, which is named in the indictment.

The street value of the drugs is estimated to be HK$2,133,120.

The defendant is aged 35 and originally from Pakistan. He has one previous conviction, which is not similar. He has been a Form 8 holder in Hong Kong after arriving in Hong Kong, I am told, in 2009.

Now, in mitigation, Mr McGowan submitted that the defendant was, in fact, foolishly persuaded by his friend to accept the parcel. Well, the defendant is aged 35, not a young man, and so he has only himself to blame.

Trafficking in cocaine follows the sentencing guideline laid down in the Hong Kong case of Lau Tak Ming in 1990, and for trafficking in 400 to 600 grammes, the suggested sentence is between 15 to 20 years’ imprisonment after trial. The amount of drugs in this case is 414 grammes, and I would adopt a starting point of 15 years’ imprisonment.

There is an international element in this case, which is an aggravating factor, and in the case of Chung Ping Kun [2014], the Court of Appeal suggested that the enhancement should be between 6 months to 1 year for 250 to 500 grammes of drugs. I will adopt an enhancement of 1 year which will make the starting point sentence of 16 years.

And also that recently, the Court of Appeal has said that the sentence should be enhanced when a Form 8 holder commits a criminal offence, because the Form 8 holder abuses the hospitality offered by Hong Kong society, and abuses the freedom of movement given to him as a Form 8 holder to commit a crime. So I will increase the starting point sentence by a further year to 17 years’ imprisonment.

Then, the defendant is entitled to one-third off for his plea of guilty, and thus reducing the sentence to 11 years 4 months. Yes, the defendant goes to prison for 11 years 4 months.