HKSAR v. Alam Maksud

Read the full judgment text of CACC 203/2016 on BabelCite. This Court of Appeal judgment was delivered on 13 February 2018.

1. The applicant initially sought leave to appeal out of time against a sentence of 11 years and 4 months’ imprisonment imposed on him by Deputy High Court Judge S D’Almada Remedios (as D’Almada Remedios J then as) (“the judge”) on 11 September 2015, following his plea of guilty on the same day to a charge of unlawfully trafficking in a dangerous drug, namely 489 grammes of cocaine narcotic, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

Case No.CACC 203/2016[2018] HKCA 102
Court
Court of Appeal
Date13 Feb 2018
Judge
Case Document
100%Judiciary

CACC 203/2016
[2018] HKCA 102

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 203 OF 2016

(ON APPEAL FROM HCCC NO 175 OF 2015)

________________________

BETWEEN
  HKSAR Respondent
  and
  Alam Maksud Applicant

________________________

Before: Hon Lunn VP and Macrae JA in Court

Date of Hearing: 13 February 2018

Date of Judgment: 13 February 2018

________________________

J U D G M E N T

________________________


Hon Macrae JA (giving the Judgment of the Court):

1.The applicant initially sought leave to appeal out of time against a sentence of 11 years and 4 months’ imprisonment imposed on him by Deputy High Court Judge S D’Almada Remedios (as D’Almada Remedios J then as) (“the judge”) on 11 September 2015, following his plea of guilty on the same day to a charge of unlawfully trafficking in a dangerous drug, namely 489 grammes of cocaine narcotic, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.The said application was lodged on 11 July 2016, some 9 months out of time.

3.Today, we were informed by Mr McGowan, acting on behalf of the applicant, that the applicant wished to abandon his appeal against sentence out of time.  Accordingly, we refused the application and dismissed the appeal.

(Michael Lunn) (Andrew Macrae)
Vice President Justice of Appeal

Mr Pierre Lui SPP (Ag), of the Department of Justice, for the Respondent

Mr James H M McGowan, instructed by C Yu & Co, assigned by the Director of Legal Aid, for the Applicant