HKSAR v. ZUHAIR AHMAD

HCCC106/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 106 OF 2010

——————-

HKSAR
v
Zuhair Ahmad

——————-

Before:

Deputy High Court Judge A Chan

Date:

4 October 2010 at 10.16 am

Present:

Mr Rupert Spicer, on fiat, for HKSAR
Mr Nicholas Edward Weldon Adams, instructed by Eric Yu & Co, assigned by the Director of Legal Aid, for theAccused

Offence:

Trafficking in a dangerous drug (販運危險藥物)

———————————

Transcript of the Audio Recording
of the Sentence in the above Case

———————————

COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

On 18 September 2009, the defendant was intercepted by police officers after returning from mainland at Lok Ma Chau Border Control.Police officers found 73.83 grammes of cocaine wrapped on his body.

Under caution, the defendant admitted that he, for $2,000, agreed to deliver the drugs from China to Hong Kong. In short, the defendantacted as courier to import cocaine.

Guidelines on sentence are clear. The starting point, in the absence of other aggravating factors, for trafficking in 73.83 grammesof cocaine is slightly short of 9 years’ imprisonment.

There are, however, aggravating features in this case, namely, the bringing of drugs across the border into Hong Kong, and the defendant’sprevious drug record, in particular, similar trafficking record.

As such, the starting point is adjusted upwards to one of 9 years’ imprisonment.

Apart from his plea, I do not see any other mitigation in the defendant’s favour, despite counsel’s best endeavour. The usual one-thirddiscount will be given.

The defendant is therefore sentenced to 6 years’ imprisonment.