HKSAR v. Mohammed Khan Shamim

DCCC1113/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1113 OF 2011

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Reasons for Sentence

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1.Defendant, you fall to be sentenced by this court in respect of two charges. The first to which you have pleaded guilty is an offence of possession of dangerous drugs, contrary to section 8(1)(a) & (2) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong.

2.In addition you have been convicted, after trial, of the 2nd charge on the indictment, that being an offence of possession of a stun gun without a licence, contrary to section 13(1)&(2) of the Firearms & Ammunitions Ordinance, Cap. 238, Laws of Hong Kong.

3.The circumstances of these offences are quite simply this.  Acting on information, a party of police, led by Chief Inspector Cowieson, entered your premises at about 8.30 in the evening at Room No. 2, Flat 6, 17th Floor, Block D, in Chungking Mansions on the day in question, when they found you with a lady whom you referred to in evidence as your wife.  They executed a search warrant and found the drugs being the subject matter of Charge 1 on the bedside table.  Those drugs consisted of a total of 1.02 grammes of a crystalline solid containing 1.02 grammes of methamphetamine hydrochloride, otherwise known as Ice, and a separate packet containing 6.85 grammes of cannabis resin.

4.They also found, on top of the windowsill near the bed, a plastic bag which contained the stun gun being the subject matter of Charge 2.

5.You are 36 years of age.  Your whole family still live in India, from where you arrived in Hong Kong in 2007.  You came here illegally originally, and your immigration status here, I am told, is still uncertain as you are still under an immigration recognizance.  It is for that reason that despite you being a drug dependent you are found to be unsuitable for a drug addiction treatment centre order since in the event of that order being made you would be subject to statutory supervision for one year after your release from DATC.

6.You do, in fact, have one previous conviction for a drug related offence in November of 2010 when you were given a two-month prison sentence suspended for a period of two years.  By committing the present offence you are indeed in breach of that suspended sentence.

7.The only sentencing option for this court with regard to the 1st charge due to your unsuitability for a drug addiction treatment centre is one of imprisonment.  I do, however, give you full credit for your plea of guilty to this charge.

8.With regard to the 2nd offence, very little has been said on your behalf by way of mitigation, nor indeed could it due to your plea, save to say, however, that there is no evidence that you intended to use this for any illegal purpose.  I also accept this.  Nevertheless, these devices are extremely dangerous and capable of incapacitating human beings, albeit only temporarily.  As such, immediate sentences of imprisonment are the norm. 

9.On the 1st charge of possession of dangerous drugs I adopt a starting point of 12 months' imprisonment.  I will reduce that by one-third to take account of your plea of guilty, coming to 8 months' imprisonment on Charge 1.

10.On Charge 2 you will be sentenced to a term of 2 years' imprisonment.  I order the sentence on Charge 2 to run consecutively to the sentence on Charge 1, coming to 2 years and 8 months’ imprisonment. 

11.In addition, I activate the suspended sentence of 2 months' imprisonment imposed on you in November of 2010 and order it to run consecutively to the sentence of 8 months' imprisonment on Charge 1, arriving at a total sentence of 2 years and 10 months' imprisonment in all.