HKSAR v. Cheng Chi Wai
Read the full judgment text of CACC 263/2019 on BabelCite. This Court of Appeal judgment was delivered on 23 June 2020.
1. I shall grant leave on all grounds of appeal. It seems to me reasonably arguable that if, when sentencing, the Deputy Judge considered “a more realistic approach is that the conduct reflected in the charges are simply a continuous act of trafficking” [1] , and that “a sentence based on the aggregate quantities of cocaine … would reflect that reality” [2] , then the sentence after discount for plea on Charges 1 and 2, when viewed strictly arithmetically, should have been 5 years and 1 month’s
Cites 1 case
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CACC 263/2019 [2020] HKCA 526 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CRIMINAL APPEAL NO 263 OF 2019 (ON APPEAL FROM HCCC NO 91 OF 2019) ________________________ BETWEEN
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________________________ J U D G M E N T ________________________ 1.I shall grant leave on all grounds of appeal. It seems to me reasonably arguable that if, when sentencing, the Deputy Judge considered “a more realistic approach is that the conduct reflected in the charges are simply a continuous act of trafficking”[1], and that “a sentence based on the aggregate quantities of cocaine … would reflect that reality”[2], then the sentence after discount for plea on Charges 1 and 2, when viewed strictly arithmetically, should have been 5 years and 1 month’s imprisonment rather than the 6 years’ and 1 month’s imprisonment he imposed. Ms Cheung, for the applicant, takes no issue with the addition of 1 month in respect of Charge 3. 2.Mr Shiu, for the respondent, does not resist this application and, in my view, properly so. 3.Leave to appeal is accordingly granted.
Mr Ivan Shiu, SPP (Ag), of the Department of Justice, for the Respondent Ms Emily Cheung, instructed by Kwok, Ng & Chan, assigned by the Director of Legal Aid, for the Applicant |
Cases cited in this judgment
Further hearings and rulings under CACC 263/2019