HKSAR v. MRISHO JUMA HAMZA

HCCC 572/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 572 OF 2013

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HKSAR
v
MRISHO Juma Hamza

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Before: DHCJ Tallentire

Date: 6 March 2014 at 10.20 am

Present: Mr Andrew Cheng, SPP of the Department of Justice, for HKSAR
Ms Sezen K Y Chong, instructed by Knight & Ho, assigned by the Director of Legal Aid, for the accused

Offence: 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: Defendant, you appreciate this is a very serious offence indeed. It involves the bringing into Hong Kong of 673.12 grammesof a very dangerous narcotic. However, there are some points in your favour.

First of all, that you were entirely cooperative upon arrest. You indicated a guilty plea before the magistrate, and I understandyour domestic circumstances back in Tanzania. None of these matters excuse you, but I do understand the problems that you face.

There is, an international aspect to this. The case of HKSAR v Abdallah Anwar Abbas CACC 304/2008 is authority for saying there should be an enhancement of at least two years for one kilogram of dangerous drugs. Inthis case, it is two-thirds of a kilogram, so the enhancement, which has been explained to you, I understand, by Miss Chong, willbe less than two years.

I take into account what you say in your letter. I do appreciate you taking the trouble to write to me.

I am going now to sentence you.

As I say, this is a serious offence that must reflected by a serious sentence. Given the quantity, I will take the lowest startingpoint I possibly can, and that will be 20 years and three months. There will be an enhancement, given the quantity involved, of 15months. That gives a starting point of 21 years and 6 months.

You have pleaded guilty – indeed you pleaded guilty at the very earliest possible opportunity so, therefore, you will have the fulldiscount of one-third, that means you will go to prison for 14 years and 4 months which, I believe, is 172 months.