HKSAR v. Ahmed Sajid

HCCC260/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 260 OF 2008

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Before:  Hon McMahon, J

Date:    23 February 2009 at 2.41 pm

Offence:  Trafficking in a dangerous drug (販運危險藥物)

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

COURT:  The defendant is an Indian national.  In the early afternoon of 1 June 2008, he arrived at Hong Kong International Airport from Bangkok.  He and his luggage were searched by Customs.  In the handle mechanism of his suitcase was found a powder containing 366.3 grammes of cocaine.  The defendant was charged with trafficking in those drugs and was convicted of that offence after a trial before myself and a jury.

I take a starting point of sentence in terms of the guidelines in Lau Tak Ming [1990] 2 HKLR at 370 as applied to cocaine by Pedro Rojas [1994] 1 HKC at 342, of 15 years’ imprisonment.  That starting point includes an enhancement of 1 year to reflect the international dimension of the offence.

There is no material mitigation in this case.  Accordingly, the defendant is sentenced to 15 years' imprisonment.