8 Sept 2017
HKSAR v. MAHABUL ALAM KHAN
- Citation
- HKSAR v. MAHABUL ALAM KHAN
- Court
- Court of Appeal
- Case number
- CACC116/2016
The conviction was safe because the jury were properly directed and the forensic and identification evidence compellingly linked the applicant to residing at the premises where 238.57g of cocaine was found (DNA on pillow, fingerprint on CD, keys and prescription packets with his name); absence of DNA/fingerprints on the drug packets was a neutral factor. On sentence the judge erred by failing to treat the applicant's status as a Form 8 recognizance/non‑refoulement claimant as a significant aggravating factor; applying the guidelines the correct starting point was 12 years 7 months and a 15‑mo…