Read the full judgment text of CAAR 000021/1987 on BabelCite. This Court of Appeal judgment was delivered on 20 May 1988 before Kempster JA, Power JA, Penlington JA.
Criminal law – dangerous drugs – trafficking in dangerous drug contrary to s.4 of the Dangerous Drugs Ordinance (Cap 134) – possession of dangerous drug for purpose of unlawful trafficking contrary to s.7 – review of sentence by Attorney General under s.81A of the Criminal Procedure Ordinance – manifestly inadequate and wrong in principle – whether s.4 offences generally more serious than s.7 offences – large quantities of heroin mixture posted to addresses in New York from Kowloon post offices on 10 April 1987 – two parcels of 8,170g and 8,169g of mixture containing heroin – inference of transaction for money or money's worth – separate s.7 possession of 18,140g of mixture containing heroin found on the same date at a different location – guidelines in R v Yeung Ying Kan and R v Chan Chi Hing – appropriate sentences after trial of fifteen years on each trafficking count and sixteen years on the possession count – application of totality principle and s.68 of the Criminal Procedure Ordinance – review allowances – no discount for guilty plea, remorse or assistance to authorities – self-induced punishment and previous good character taken into account – sentences quashed – Li Kwan Yin sentenced to eleven years' imprisonment in all – Chan Chi Yin sentenced to eleven years' imprisonment on each trafficking count concurrent, and thirteen years' on the possession count, the latter directed to run concurrently with the trafficking sentences under s.68 to give an overall sentence of fifteen years' imprisonment.
Legal issues: Review of sentences for manifest inadequacy under s.81A Criminal Procedure Ordinance · Totality of sentence and application of s.68 Criminal Procedure Ordinance to make possession sentence concurrent with trafficking sentences
Outcome: Sentences imposed by the trial judge were quashed as manifestly inadequate and wrong in principle. Li Kwan Yin was sentenced to eleven years' imprisonment in all. Chan Chi Yin was sentenced to an overall term of fifteen years' imprisonment.