HKSAR v. Khan Sadam Biland

HCCC 176/2016

[2019] HKCFI 1714

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 176 OF 2016

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Mr Khan, you pleaded guilty to one count of trafficking in dangerous drugs, contrary to 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 11 August 2017, which was the first day of trial, although of course you had indicated your intention to plead guilty much earlier than that.

The Summary of Facts was read out at the time you pleaded guilty, and you agreed to it. In essence, on 26 June 2015, Customs and Excise had intercepted a parcel sent from Venezuela and which was addressed to someone called Khan Sam. It contained a submersible pump and inside that submersible pump was 1.47 kilogrammes of cocaine. You had arranged for Mr Shamir to collect it, but then when they intercepted him, he led them to you. You were arrested and under interview, you denied any knowledge of the contents of the package.

In June of 2015, the cocaine within the submersible pump had a street value of $2,041,650.

You were just 25 at the time of this offending and had a criminal record, although it contains only one charge involving the possession of dangerous drugs in 2010. I will correct myself when I say that. It only contains one charge to do with dangerous drugs; there are a number of other matters, but they are wholly unrelated and you were quite young at the time of most of your offending. For the possession of dangerous drugs, however, you did receive a 12 months sentence of imprisonment; sadly, that didn’t seem to have had any effect.

Your antecedents statement indicates that you are an abuser of cocaine. From the text messages given in evidence against Mr Shamir, it seems that your relationship with dangerous drugs was ongoing, but you are to be sentenced for this very serious offence on its own and that other matter was some considerable time ago.

For importing 1.47 kilogrammes of cocaine, in accordance with the guidelines set out in HKSAR v Abdallah [2009] 3 HKLRD 437, the starting point after trial for trafficking between 1,200 and 4,000 grammes of cocaine is 23 to 26 years. The appropriate starting point for 1.47 kilogrammes of cocaine is therefore 23 years and 3 months’ imprisonment.

There is also a significant aggravating feature because you were part of a group which brought these drugs into this country from abroad, and for that international element to this offending, I enhance your sentence by 2 years. The starting point is therefore increased to 25 years and 3 months. You were also not a simple courier at the bottom of the food chain. I take the view, having had the benefit of the evidence in trial, that you recruited Mr Shamir, not vice versa, and so I believe you to be further up the hierarchy than you have suggested through counsel.

Given the substantial sentence which you are facing, for that role and for recruiting Mr Shamir, I enhance your sentence by 6 months, making 25 years and 9 months.

I do give you credit for your efforts on behalf of Father Wotherspoon’s programme to deter others from dealing in drugs. That is commendable, but I am restricted to a maximum of a 3 month discount from the starting point for that, which makes 25 years and 6 months.

I do, however, note all that you have sought to do in the interim, which has been canvassed before me, but as these matters are as yet unresolved, it would not be proper for me to take them into account at this stage and I have not done so. You did not indicate your plea, Mr Khan, until after the first hearing before this court, but these proceedings commenced before HKSAR v Ngo Van Nam [2016] 5 HKLRD 1, and the prosecution accept that you did provide an indication of your intention to plead guilty by letter at a stage much earlier than the actual trial.

I am, therefore, encouraged by both the prosecution and defence to allow you the normal one-third discount. You will go to prison for 17 years.