Read the full judgment text of CACC 000495/2001 on BabelCite. This Court of Appeal judgment was delivered on 12 July 2002 before Stuart-Moore VP, Stock JA.
Criminal law – dangerous drugs – manufacturing of heroin – sentence – appeal – guilty plea – scale of operation – one-man band operation – dilution of heroin with caffeine – manifestly excessive sentence – starting point – discount. The Applicant, aged 54, pleaded guilty in the Court of First Instance to manufacturing heroin hydrochloride at his flat in Causeway Bay. Police found 38.46 grammes of a mixture containing 14.88 grammes of heroin hydrochloride, caffeine, a blender, and plastic straws used for packaging. The Applicant admitted diluting one ounce of undiluted heroin with caffeine to produce 120 straw packets for sale to drug addicts in Chai Wan, with a retail value of just over HK$10,000. The sentencing judge adopted an 18-year starting point and applied a one-third discount for the plea, imposing 12 years' imprisonment. The Applicant sought leave to appeal against sentence on the ground that the sentence was manifestly excessive for the scale of his operation. Held, allowing the appeal: considering the principles in R v Cheung Wai-kwong and Anor [1997] 3 HKC 496, that for the offence of manufacturing dangerous drugs, the quantity of drugs found is relevant but not the only factor; the court must also consider the scale of operation, the capacity of equipment, the production capacity of the manufacturing station, and the role of the accused. Unlike Cheung Wai-kwong, which involved a significant manufacturing station with a hydraulic jack, iron mould, and large-scale paraphernalia, the present case was a 'one-man band' operation of simple dilution at the lower end of the scale. Having regard to the Applicant's criminal record (18 previous convictions, 10 drug-related, 3 for drug trafficking), a starting point of 10 years was appropriate, giving a one-third discount for the plea, resulting in a sentence of 6 years and 8 months. The 12-year sentence was manifestly excessive and was quashed and substituted with 6 years and 8 months' imprisonment.
Legal issues: Whether the 12-year sentence for manufacturing heroin was manifestly excessive
Outcome: Leave to appeal granted; appeal allowed; sentence reduced from 12 years to 6 years and 8 months
Cited by 5 cases