DCCC1113/2011 HKSAR v. MOHAMMED KHAN SHAMIM - LawHero
DCCC1113/2011
區域法院（刑事）H H Judge Geiser25/6/2012
DCCC1113/2011
A A
DCCC1113/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1113 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Mohammed Khan Shamim F
G ---------------------- G
Before: H H Judge Geiser
H Date: 26 June 2012 at 10.04 am H
Present: Miss Joey Ma, PP of the Department of Justice, for
HKSAR
I Mr Bernard Yuen, instructed by Jal N. Karbhari & Co., I
assigned by the Director of Legal Aid, for the
J Defendant J
Offence: (1) Possession of dangerous drugs (管有危險藥物)
(2) Possession of arms without a licence (無牌管有槍械)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you fall to be sentenced by this court in
O respect of two charges. The first to which you have pleaded O
guilty is an offence of possession of dangerous drugs, contrary
P P
to section 8(1)(a) & (2) of the Dangerous Drugs Ordinance, Cap.
134, Laws of Hong Kong.
Q Q
R 2. In addition you have been convicted, after trial, of R
the 2nd charge on the indictment, that being an offence of
S possession of a stun gun without a licence, contrary to section S
13(1)&(2) of the Firearms & Ammunitions Ordinance, Cap. 238,
T T
Laws of Hong Kong.
U U
CRT24/26.6.2012/NB 1 DCCC1113/2011/Sentence
V V
A A
3. The circumstances of these offences are quite simply
this. Acting on information, a party of police, led by Chief
B B
Inspector Cowieson, entered your premises at about 8.30 in the
C evening at Room No. 2, Flat 6, 17th Floor, Block D, in Chungking C
Mansions on the day in question, when they found you with a lady
D whom you referred to in evidence as your wife. They executed a D
search warrant and found the drugs being the subject matter of
E E
Charge 1 on the bedside table. Those drugs consisted of a total
of 1.02 grammes of a crystalline solid containing 1.02 grammes
F F
of methamphetamine hydrochloride, otherwise known as Ice, and a
G separate packet containing 6.85 grammes of cannabis resin. G
H 4. They also found, on top of the windowsill near the H
bed, a plastic bag which contained the stun gun being the
I I
subject matter of Charge 2.
J J
5. You are 36 years of age. Your whole family still live
K
in India, from where you arrived in Hong Kong in 2007. You came K
here illegally originally, and your immigration status here, I
L am told, is still uncertain as you are still under an L
immigration recognizance. It is for that reason that despite you
M being a drug dependent you are found to be unsuitable for a drug M
addiction treatment centre order since in the event of that
N N
order being made you would be subject to statutory supervision
for one year after your release from DATC.
O O
P 6. You do, in fact, have one previous conviction for a P
drug related offence in November of 2010 when you were given a
Q two-month prison sentence suspended for a period of two years. Q
By committing the present offence you are indeed in breach of
R R
that suspended sentence.
S S
7. The only sentencing option for this court with regard
T to the 1st charge due to your unsuitability for a drug addiction T
treatment centre is one of imprisonment. I do, however, give you
U full credit for your plea of guilty to this charge. U
CRT24/26.6.2012/NB 2 DCCC1113/2011/Sentence
V V
A A
8. With regard to the 2nd offence, very little has been
B B
said on your behalf by way of mitigation, nor indeed could it
C due to your plea, save to say, however, that there is no C
evidence that you intended to use this for any illegal purpose.
D I also accept this. Nevertheless, these devices are extremely D
dangerous and capable of incapacitating human beings, albeit
E E
only temporarily. As such, immediate sentences of imprisonment
are the norm.
F F
G 9. On the 1st charge of possession of dangerous drugs I G
adopt a starting point of 12 months' imprisonment. I will reduce
H that by one-third to take account of your plea of guilty, coming H
to 8 months' imprisonment on Charge 1.
I I
10. On Charge 2 you will be sentenced to a term of
J J
2 years' imprisonment. I order the sentence on Charge 2 to run
K
consecutively to the sentence on Charge 1, coming to 2 years and K
8 months’ imprisonment.
L L
11. In addition, I activate the suspended sentence of
M 2 months' imprisonment imposed on you in November of 2010 and M
order it to run consecutively to the sentence of 8 months'
N N
imprisonment on Charge 1, arriving at a total sentence of
2 years and 10 months' imprisonment in all.
O O
P P
Q Q
R R
H H Judge Geiser
District Judge
S S
T T
U U
CRT24/26.6.2012/NB 3 DCCC1113/2011/Sentence
V V
A A
DCCC1113/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1113 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Mohammed Khan Shamim F
G ---------------------- G
Before: H H Judge Geiser
H Date: 26 June 2012 at 10.04 am H
Present: Miss Joey Ma, PP of the Department of Justice, for
HKSAR
I Mr Bernard Yuen, instructed by Jal N. Karbhari & Co., I
assigned by the Director of Legal Aid, for the
J Defendant J
Offence: (1) Possession of dangerous drugs (管有危險藥物)
(2) Possession of arms without a licence (無牌管有槍械)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you fall to be sentenced by this court in
O respect of two charges. The first to which you have pleaded O
guilty is an offence of possession of dangerous drugs, contrary
P P
to section 8(1)(a) & (2) of the Dangerous Drugs Ordinance, Cap.
134, Laws of Hong Kong.
Q Q
R 2. In addition you have been convicted, after trial, of R
the 2nd charge on the indictment, that being an offence of
S possession of a stun gun without a licence, contrary to section S
13(1)&(2) of the Firearms & Ammunitions Ordinance, Cap. 238,
T T
Laws of Hong Kong.
U U
CRT24/26.6.2012/NB 1 DCCC1113/2011/Sentence
V V
A A
3. The circumstances of these offences are quite simply
this. Acting on information, a party of police, led by Chief
B B
Inspector Cowieson, entered your premises at about 8.30 in the
C evening at Room No. 2, Flat 6, 17th Floor, Block D, in Chungking C
Mansions on the day in question, when they found you with a lady
D whom you referred to in evidence as your wife. They executed a D
search warrant and found the drugs being the subject matter of
E E
Charge 1 on the bedside table. Those drugs consisted of a total
of 1.02 grammes of a crystalline solid containing 1.02 grammes
F F
of methamphetamine hydrochloride, otherwise known as Ice, and a
G separate packet containing 6.85 grammes of cannabis resin. G
H 4. They also found, on top of the windowsill near the H
bed, a plastic bag which contained the stun gun being the
I I
subject matter of Charge 2.
J J
5. You are 36 years of age. Your whole family still live
K
in India, from where you arrived in Hong Kong in 2007. You came K
here illegally originally, and your immigration status here, I
L am told, is still uncertain as you are still under an L
immigration recognizance. It is for that reason that despite you
M being a drug dependent you are found to be unsuitable for a drug M
addiction treatment centre order since in the event of that
N N
order being made you would be subject to statutory supervision
for one year after your release from DATC.
O O
P 6. You do, in fact, have one previous conviction for a P
drug related offence in November of 2010 when you were given a
Q two-month prison sentence suspended for a period of two years. Q
By committing the present offence you are indeed in breach of
R R
that suspended sentence.
S S
7. The only sentencing option for this court with regard
T to the 1st charge due to your unsuitability for a drug addiction T
treatment centre is one of imprisonment. I do, however, give you
U full credit for your plea of guilty to this charge. U
CRT24/26.6.2012/NB 2 DCCC1113/2011/Sentence
V V
A A
8. With regard to the 2nd offence, very little has been
B B
said on your behalf by way of mitigation, nor indeed could it
C due to your plea, save to say, however, that there is no C
evidence that you intended to use this for any illegal purpose.
D I also accept this. Nevertheless, these devices are extremely D
dangerous and capable of incapacitating human beings, albeit
E E
only temporarily. As such, immediate sentences of imprisonment
are the norm.
F F
G 9. On the 1st charge of possession of dangerous drugs I G
adopt a starting point of 12 months' imprisonment. I will reduce
H that by one-third to take account of your plea of guilty, coming H
to 8 months' imprisonment on Charge 1.
I I
10. On Charge 2 you will be sentenced to a term of
J J
2 years' imprisonment. I order the sentence on Charge 2 to run
K
consecutively to the sentence on Charge 1, coming to 2 years and K
8 months’ imprisonment.
L L
11. In addition, I activate the suspended sentence of
M 2 months' imprisonment imposed on you in November of 2010 and M
order it to run consecutively to the sentence of 8 months'
N N
imprisonment on Charge 1, arriving at a total sentence of
2 years and 10 months' imprisonment in all.
O O
P P
Q Q
R R
H H Judge Geiser
District Judge
S S
T T
U U
CRT24/26.6.2012/NB 3 DCCC1113/2011/Sentence
V V