HKSAR v. Abbas Md Arshad

DCCC 1087/2018

[2019] HKDC 713

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1087 OF 2018

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to one charge of “trafficking in a dangerous drug”.

Facts of the case

2.At around 1245 hours on 28 August 2018, the defendant, upon his arrival from Singapore, was intercepted at the Customs Arrival Hall B of the Hong Kong International Airport.

3.Upon search, 6 slabs of cannabis resin wrapped in plastic and sheets of carbon paper were found hidden underneath the linings of the defendant’s suitcase.  The defendant was also found to be in possession of a mobile phone and cash of US$3,000, HK$16.5 and Indian Rupees 3,491.

4.Government chemist confirmed that the above 6 slabs of cannabis resin contained a total of 7.9 kilogrammes of cannabis resin.  The estimated street value of the drugs was HK$592,500.

Mitigation

5.The defendant, aged 23, single, was a business agent from India.  He had a clear record in Hong Kong.

6.In mitigation, Mr Cheung told the court that the defendant was the sole bread winner of his family in India.  He was tempted by his friend in India to bring the cannabis resin in question into Hong Kong, so that in return he would not have to repay the debt owed to that friend.  Having underestimated the consequence, the defendant foolishly acceded to the request.  In his mitigation letter, the defendant indicated that he is now very remorseful for what he has done, and asks the court for leniency.

Sentence

7.It has been stressed time and again that drug trafficking is a serious crime.  Drug traffickers, even young ones, would most certainly be punished by a long-term imprisonment.

8.The Court of Appeal has laid down clear sentencing guidelines for trafficking in cannabis resin[1]. Where the quantity of cannabis resin is over 6,000 grammes, a term of imprisonment between 36 and 48 months is called for.

9.In the instant case, the narcotic involved is 7,900 grammes of cannabis resin.  For this quantity, and taking into account the defendant’s background, together with the circumstances in which the cannabis resin was brought into Hong Kong, I consider a starting point of 42 months’ imprisonment to be appropriate.

10.The defendant indicated on plea day that he would plead guilty to the charge, and is therefore entitled to a full one-third discount on his sentence. The sentence is thus reduced to 28 months.

11.There being no other mitigating factors, the defendant is sentenced to 28 months’ imprisonment.