HKSAR v. Masih Malkeet

HCCC 312/2018

[2019] HKCFI 2097

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 312 OF 2018

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

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COURT:

The jury unanimously convicted the defendant on one count of trafficking in 934 grammes of MDMA.

On 15 March 2018, at about 6 pm, a Customs officer examined the parcel in this case at the Customs examination compound of the airmail centre. He found five packages of MDMA inside the parcel. He restored the parcel to its original form. It was delivered to the address on the parcel but was unsuccessful.

On 19 March 2018, a notification card was left at the flat, advising the person named on the parcel to collect it at the Kowloon Central Post Office in Yau Ma Tei.

On 20 March 2018, at about 4.42 pm, the defendant claimed the parcel at the post office. He showed a copy of the passport of the recipient and a tenancy agreement of the flat to a Customs officer who was posing as the staff. The defendant signed on the waybill to confirm his identity. The defendant was subsequently arrested when he left the post office.

The defendant is 26. He has one previous record of overstaying in Hong Kong. He is from India. His father was unemployed. His mother was a domestic helper. The total family income was about 8,000 rupees per month. His family was shocked about this case. The defendant came to Hong Kong in 2016 because his church has conflict with some Hindu organization. He came to Hong Kong with a valid visa. He overstayed for one day and was sentenced to imprisonment for 2 weeks, suspended for 3 years.

He had filed a torture claim and the result is pending. He was a Form 8 holder. He received financial subsidies from ISS. He was not allowed to work.

For trafficking in 934 grammes of MDMA, the starting point should be imprisonment for 13 years and 8 months according to Hii Siew Cheng. The offence he committed has significant impact on Hong Kong’s reputation and affect the community at large. I therefore enhance the sentence by 6 months for his Form 8 holder status.

There is also an international element in this case. I enhance the sentence by 1 year according to the guidelines set out in CACC 146/2016.

There being no other mitigating factor, I sentence the defendant to imprisonment for 15 years and 2 months.