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HCCC423/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 423 OF 2009
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Before:
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Deputy High Court Judge A Chan
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Date:
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3 August 2010 at 12.13 pm
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Present:
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Mr Michael Arthur, on fiat, for HKSAR
Ms Mahinder Panesar, instructed by Francis Kong & Co., for the Accused
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Offence:
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Trafficking in dangerous drugs (販運危險藥物)
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Kosar Mahmood, you have been found guilty of trafficking in dangerous drugs. The drugs are 641 grammes of heroin hydrochloride and 92 grammes of monoacetylmorphine hydrochloride.
The Government Chemist states in his report that monoacetylmorphine hydrochloride has the same potency as heroin hydrochloride and is a salt of ester of morphine. For the purpose of sentencing, I treat it the same as heroin.
You were seen by Customs officers to convey the dangerous drugs in question to a barbecue site, transfer them from your motorcycle to one private car.
The guideline in sentencing is clear. According to Lau Tak Ming, the starting point for trafficking 600 grammes or above of heroin is one of 20 years’ plus imprisonment. The total narcotic content in your case is 733 grammes. The appropriate starting point, in my view, is therefore 21 years’ imprisonment.
I am sure this will cause a lot of hardship to your family. However, when you embarked on this filthy trade, you should know the consequence, once caught.
Your counsel has said everything she could on your behalf. However, there is little reason why the guidelines should not be followed.
You are therefore sentenced to 21 years' imprisonment.
Please refer to CACC274/2010 for the relevant appeal(s) to the Court of Appeal.
Please refer to CACC274/2010 for the relevant appeal(s) to the Court of Appeal.
Please refer to CACC274/2010 for the relevant appeal(s) to the Court of Appeal.
Please refer to CACC274/2010 for the relevant appeal(s) to the Court of Appeal.
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