HKSAR v. Mizan Jarder
Read the full judgment text of DCCC 534/2018 on BabelCite. This District Court judgment was delivered on 10 April 2019.
1. The defendant, a Form 8 holder from Bangladesh, pleads guilty to trafficking in 290 tablets containing 55.22 grammes of 3, 4-methylenedioxymethamphetamine (ecstasy) and 76.5 grammes of a powder and tablet fragments containing 36.10 grammes of 3, 4-methylenedioxymethamphetamine (ecstasy), contrary to section 4 of the Dangerous Drugs Ordinance [1] .
Cites 3 cases
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DCCC 534/2018 [2019] HKDC 505 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 534 OF 2018 ____________
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REASONS FOR SENTENCE 1.The defendant, a Form 8 holder from Bangladesh, pleads guilty to trafficking in 290 tablets containing 55.22 grammes of 3, 4-methylenedioxymethamphetamine (ecstasy) and 76.5 grammes of a powder and tablet fragments containing 36.10 grammes of 3, 4-methylenedioxymethamphetamine (ecstasy), contrary to section 4 of the Dangerous Drugs Ordinance[1]. 2.Full particulars of the offence are set out in the facts admitted by the defendant. 3.In summary at around 21:13 hours on 8 January 2018 the police intercepted the defendant at the junction of Temple Street and Pak Hoi Street in Yau Ma Tei when he was trying to flag a taxi. 4.The police found the ecstasy inside the defendant’s backpack. The police arrested the defendant and took him to his residence at No. 191 Temple Street where nothing illegal was found. 5.The estimated street value of the tablets is $23,698. 6.In a video recorded interview, the defendant, inter alia, said that he was asked by a friend to collect the backpack; he thought the backpack contained clothes and that he did not know what was inside the backpack. In court the defendant confirms that when he collected the backpack he knew there were dangerous drugs inside the backpack. Mitigation 7.I have carefully considered the written and oral submissions of Mr Chau. I note the defendant does not wish to say anything about the offence to which he has pleaded guilty and asks for leniency. Guidelines 8.In Secretary for Justice v Hii Siew Cheng[2]the Court of Appeal laid down guidelines for trafficking in ketamine and ecstasy. Where the narcotic content is between 50 and 300 grammes sentence after trial falls within the range of 6-9 years. 9.I am satisfied the correct starting point after trial for 91.32 grammes of ecstasy is 6 years and 3 months’ imprisonment[3]. Commission of offences by refugees or torture claimants 10.The commission of offences by refugees or torture claimants is capable of aggravating sentence where the offence affects the community at large and has a significant impact on Hong Kong’s reputation for order and security. Trafficking in drugs clearly affects the community at large and has a significant impact on Hong Kong’s reputation for order and security. 11.In HKSAR v Ali Saif the Court of Appeal said that for a serious offence of trafficking in drugs before the District Court or High Court they would not expect an enhancement for this factor to be less than 6 months’ imprisonment[4]. 12.I am satisfied an enhancement of 6 months’ to 6 years and 9 months’ imprisonment is appropriate. 13.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 4 years and 6 months’ imprisonment.
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