HKSAR v. IMRAN MUHAMMAD AND ANOTHER

HCCC79/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 79 OF 2011

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HKSAR
v.
Imran Muhammad (A1)
Chaudhry Tariq Mehmood (A2)

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Before: Deputy High Court Judge Stuart-Moore

Date: 14 June 2011 at 9.57 am

Present: Mr Jeffrey George Fenton, on fiat, for HKSAR
Mr Martyn Richmond, instructed by Messrs Hoosenally & Neo, assigned by D.L.A. for the 1st & 2nd Accused

Offence: (1) & (2) Trafficking in a dangerous drug (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: On 31 October 2010, members of a plain-clothes anti-drug squad were on patrol in Mongkok when, at 10.58 pm, on the rooftopof premises in Sai Yeung Choi Street, two men were seen to walk out from the building. These two men tried to run away when theysaw the officers but they were stopped before they could get very far.

On arrest, Imran Muhammad was found to have three re‑sealable bags, which, on analysis, were found to contain 48.13 grammes of cocaine.The street value of this quantity was estimated to be $68,144.

Similarly, Chaudhry Tariq Mehmood was found to be in possession of a solid containing 45.15 grammes of cocaine. The value of thatat street level was estimated to be $63,944.

Now, both men, who are in Hong Kong as illegal immigrants from Pakistan, tried to deny involvement, initially, and it is fortunatefor them that they have entered pleas of guilty at this stage as this enables me to reduce each of their sentences by a third fromthe sentence they would have received if they had been convicted after trial.

The sentencing guidelines in Lau Tak Ming for trafficking in heroin are the same as those for cocaine. In my judgment, the starting point under those guidelines, in each case,as Mr Richmond in his very able submission accepted, should be 7½ years’ imprisonment in the case of both defendants.

After a full discount is applied, this leaves a sentence of 5 years’ imprisonment, so the sentence on each of you is that you servea sentence of 5 years, you understand? Thank you, that is all.