HKSAR v. Sayead Abu

HCCC 70/2019

[2020] HKCFI 1564

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 70 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, after a 15-odd day trial, the jury have found you not guilty of possession of arms and ammunition, that is the 1st count, and the jury have by a majority found you guilty of the 2nd count of resisting a police officer in the execution of his duty.

On the jury’s verdict as they have returned, they would have found that on 26 July 2018, at about 9 pm that day, you resisted the police officer Choi Hei-lun, he was PW2 in this case, in the execution of his duty. That is upon being approached by the police officer and informing you that he was a police officer, you attempted to flee. The officer got hold of you and then you resisted by struggling and trying to flee from being caught. There were then other officers involved who came to his assistance and subdued you.

I have looked at the other arrested person’s Brief Facts which he admitted. The other person who was walking with you at the time was a Mr MD Golam Kibrea, who was also charged with exactly the same charge, that is, resisting a police officer in execution of his duty. As you have heard today, he pleaded guilty before the magistrate and the magistrate took a sentence of 9 weeks’ imprisonment, but because he pleaded guilty and saved the court time, and it is usually the practice of the court, the defendant, Mr Golam, was given a one-third discount.

I have looked at the facts that Mr Golam has admitted which Mr Percy submitted to me and they are the same as the facts before this court of which the jury would have found you guilty, I therefore I do not see there should be any disparity in the sentence that I impose upon you and Mr Golam. That means it should not be heavier, it should not be lighter.

(Discussion re accused’s objection to sentence)

Now, as I mentioned, this sentence is not to be any different from the other accused, Mr Golam. The only difference is here, Mr Sayead, is that you did not plead guilty. You were found guilty by the jury. Therefore, you deserve no discount from the starting point.

Defendant, you are 40 years of age. You are a torture claimant in Hong Kong. You have a clear criminal record. This is your very first offence in Hong Kong. What you did is that you resisted the police officers when they were lawfully carrying out their duties. Defendant, you shall be sentenced to 9 weeks’ imprisonment.

(Discussion re accused’s objection to sentence)

Mr Sayead, for the very last time, the jury have found you guilty and that means they have found that you were there at 9 pm on 26 July and resisted the police officers. Now, you are sentenced to 9 weeks’ imprisonment.