HKSAR v. Mohammed Naushad

DCCC 708/2020

[2021] HKDC 756

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 708 OF 2020

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of failing to surrender to custody without reasonable cause, contrary to section 9L(1) and (3) of the Criminal Procedure Ordinance[1] (charge 2).

2.Full particulars of the offence are set out in the summary of facts admitted by the defendant today.  In summary the defendant was arrested on 5 April 2020 for trafficking in a dangerous drug.  The defendant, having initially been remanded in custody, was given court bail on 19 May 2020 to appear in court on 30 June 2020. 

3.The defendant failed to attend court.  The defendant was re-arrested in Tsim Sha Tsui on 9 July 2020 when he was intercepted by the police in the vicinity of Star Mansion and Chungking Mansions. 

4.The defendant said he failed to attend court because he had a fever but was unable to produce any medical proof. 

Mitigation

5.In passing sentence, I have carefully considered everything said on behalf of the defendant by Mr Sujanani.  The defendant, a Form 8 recognizance holder, is 48 and married with two children who are living in India[2].    I take into account the defendant has a clear record.

Failing to surrender

6.The sentence for failing to surrender to court partly depends upon how long after failing to surrender a defendant is re-arrested and brought to court. Generally, the longer the period the longer the sentence.  

7.Mr Sujanani explains the defendant failed to attend court because he hurt his hand in an accident and had a fever.  The defendant did not however see a doctor until after he was rearrested.  Asked why he did not attend court the following day Mr Sujanani says that the defendant did not know what to do.

8.I am satisfied the defendant failed to surrender to court without reasonable cause.  

9.Taking into account that the defendant was arrested nine days after failing to attend court and that he did not surrender to court or the police station, I am satisfied a starting point of 3 months’ imprisonment is appropriate. 

10.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 2 months’ imprisonment.