HKSAR v. MAHABUL ALAM KHAN

DCCC 930/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.930 OF 2012

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HKSAR
v.
MAHABUL ALAM KHAN

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Before: District Judge Douglas T.H. Yau

Date: 28 December 2012 at 9:58am

Present: Mr. Derek Lau, Public Prosecutor for HKSAR
Mr. Christopher Morley of M/S Haldanes, assigned by DLA, for the defendant

Offence: 2) Possession of a dangerous drug (管有危險藥物)

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Reasons for Sentence

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1. The defendant pleaded guilty to one charge of possession of 4.7g of cannabis resin. There was another and more serious charge oftrafficking in 7.87g of methamphetamine hydrochloride but the defendant was acquitted of it after trial. This Reasons for Sentencetherefore deals only with charge 2, the possession charge.

Summary of Facts

2. The defendant was spotted by Police officers, who were acting on information, to have left a plastic bag next to a rubbish bin outsidethe 7-11 convenience store at the junction of Luard and Jaffe Road in Wanchai. Shortly after the defendant leaving the bag there,plainclothes police officers went into the store and apprehended the defendant. Upon search, an already opened instant cup noodlewas found in the plastic bag. Inside the cup noodle was a white tissue wrapped around a small transparent re-sealable plastic bag.Inside the transparent bag were yellow coloured crystalline solids which were later confirmed to be methamphetamine hydrochloride.The defendant was arrested for trafficking in those dangerous drugs.

3. Upon search, 4.7g of cannabis resin was found to be in the defendant’s possession. This eventually became the subject matter ofcharge 2, the possession charge.

Previous convictions

4. The defendant has 3 previous convictions, with 2 being for possession of dangerous drugs. I was told that both were for possessionof cannabis.

Sentence

5. A Drug Addiction Treatment Centre report was prepared and the defendant is confirmed not to be a drug addict. But for the chargeof trafficking, the defendant would most likely have been dealt with in the Magistracies.

6. Bearing in mind that this is the defendant’s third drug related offence, I consider that despite the small amount of cannabisresin involved, an immediate custodial sentence is necessary. I will adopt a starting point of 9 months’ imprisonment, discountingit by one third in recognition of the defendant’s guilty plea and sentence him to 6 months’ imprisonment.

Douglas T.H. Yau
District Judge