Read the full judgment text of CACC 173/2020 on BabelCite. This Court of Appeal judgment was delivered on 7 March 2022 before Macrae VP and Zervos JA.
Criminal law – drug trafficking – sentencing – aggravating factor – 'international element' – methamphetamine hydrochloride ('Ice') – importation from mainland China into Hong Kong – Dangerous Drugs Ordinance (Cap 134) s.4 – whether enhancement for international element is appropriate – whether enhancement constitutes double punishment given that 'importing' is part of the statutory definition of trafficking – nature and scope of 'international element' as aggravating factor – appellant absconded for six years before voluntary surrender – guilty plea to trafficking and to failing to surrender to custody – Starting point: 7 years for 18.66 grammes of Ice – enhancement for international element reduced from 6 months to 3 months as proportionate – personal consumption discount of 6 months – 25% guilty plea discount – consecutive sentence for failing to surrender – Appeal allowed – sentence on Count 1 substituted with 5 years; Count 2 sentence of 4 months consecutive maintained – total sentence 5 years and 4 months' imprisonment.
Legal issues: Whether enhancement of sentence for 'international element' was appropriate in this case · Whether enhancement for international element constitutes double punishment given that 'importing' is part of the definition of trafficking · What constitutes an 'international element' as an aggravating factor in drug trafficking
Outcome: Appeal allowed; sentence on Count 1 reduced; sentence on Count 2 confirmed to run consecutively.
Cited by 6 cases · Cites 12 cases