Read the full judgment text of CACC 000447/1994 on BabelCite. This Court of Appeal judgment was delivered on 12 May 1995 before Hon Power, Ag. C.J. and Litton, V.-P..
Criminal law – trafficking in dangerous drugs – heroin – sentencing – appeal – Starting point of 25 years' imprisonment appropriate where quantity of salts of esters of morphine exceeded 600 grammes – Whether 'appropriate cases' in R v Lau Tak-ming confers a general judicial discretion to stay at 20 years for quantities above 600 grammes – Held: no, every case with narcotic content above 600 grammes is an appropriate case for a starting point above 20 years, with the starting point rising in proportion to the quantity – The only statutory 'cut-off' is life imprisonment under s.4(1)(a) of the Dangerous Drugs Ordinance – Comparison with The Queen v Lau Yau-yuen inappropriate as sentencing attitudes have hardened in the courts since that decision and courts are entitled to apply current sentencing experience – Deterrence is a relevant sentencing consideration in serious drug trafficking cases – One-third discount from 25-year starting point on the basis of effectively clear record held to be generous but not erroneous in principle, despite a 1984 conviction for blackmail – Sentence of 17 years' imprisonment neither erroneous in principle nor manifestly excessive – Application for leave to appeal against sentence dismissed – Final sentence: 17 years' imprisonment (starting point 25 years less one-third discount).
Legal issues: Whether 25 years is an appropriate starting point for trafficking in heroin where narcotic content exceeds 600 grammes · Whether sentencing attitudes have hardened since Lau Yau-yuen and affect the present case · Whether the one-third discount from the starting point was appropriate
Outcome: Application for leave to appeal against sentence dismissed; sentence of 17 years' imprisonment upheld.
Cited by 2 cases