Read the full judgment text of CACC 34/2019 on BabelCite. This Court of Appeal judgment was delivered on 11 December 2019 before 袁家寧 JA, 彭寶琴 J.
Criminal law – drug trafficking – sentencing – multiple drug types – principles in HKSAR v Chan Yuk Leung – absurdity test – conversion test – proportionality test – totality principle – consecutive sentences – appeal against sentence – appellant convicted of possession of 0.76g cocaine (charge 1) and trafficking of 7.23g cocaine and 0.71g ketamine (charge 2) – District Court sentenced to 2 months for charge 1 and 38 months for charge 2, fully consecutive, total 40 months – on appeal, starting point for charge 2 reduced from 57 months to 52.5 months – only 1 month of charge 1 made consecutive to charge 2 – final sentence reduced to 36 months – appeal allowed.
Legal issues: Sentencing approach for trafficking multiple dangerous drugs · Totality principle and consecutive sentences for possession and trafficking
Outcome: Appeal against sentence allowed. Total sentence reduced from 40 months to 36 months imprisonment.
Cited by 10 cases · Cites 2 cases