HKSAR v. Ali Raza

Read the full judgment text of DCCC 255/2014 on BabelCite. This District Court judgment was delivered on 16 June 2014.

1. The defendant is convicted after trial of a charge of trafficking in a dangerous drug.

Cites 2 cases

Case No.DCCC 255/2014
Court
District Court
Date16 Jun 2014
Judge
Case Document
100%Judiciary

DCCC 255/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL ACTION NO 255 OF 2014

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  HKSAR  
  V  
  ALI RAZA  
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Before: His Honour Judge Alex Lee
Date: 16 June 2014
Present: Ms Bina Sujanani, Counsel on Fiat, for HKSAR/Director of Public Prosecution
  Mr Polson Ian Hastings, instructed by Ong & Chung, assigned by the Director of Legal Aid, for the defendant
Offences: Trafficking in a dangerous drug(販運危險藥物)

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REASONS FOR SENTENCE

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1.The defendant is convicted after trial of a charge of trafficking in a dangerous drug.

2.According to the sentencing guidelines laid down in Attorney General v Pedro Nel Rojas[1] and R v Lau Tak Ming & Others,[2] trafficking in 10 to 50 grammes of cocaine would attract a sentence of 5 to 8 years imprisonment.  In the present case, the defendant trafficked in 30.33 grammes of cocaine.  Based on the quantity of the dangerous drug, I adopt 6½ years imprisonment as the starting point. 

3.The defendant is aged 25 years.  He is a torture claimant from Pakistan.  However, he has since married to a local citizen and his status as a dependant spouse is being processed.  He has a clear record.  Mr Polson realistically accepts that there is little to be said on behalf of the defendant by way of mitigation.  As such, I see no reason not to follow the tariff.  

4.The defendant is sentenced to 6½ years imprisonment.  

( Alex Lee )
District Judge



[1] [1994] 1 HKC 342

[2] [1990] 2 HKLR 370

Other Judgments in This Case

Further hearings and rulings under DCCC 255/2014