Read the full judgment text of CACC 000056/2003 on BabelCite. This Court of Appeal judgment was delivered on 6 August 2003 before Stuart-Moore, Ag CJHC and Woo JA.
Criminal law – sentencing – dangerous drugs – permitting premises to be used as a divan – leave to appeal – manifestly excessive sentence – starting point – discount for plea – disparity with accomplice – HKSAR v. LAM LAI CHU PATSY – CACC 56/2003 – The applicant was sentenced to two years' imprisonment for permitting premises to be used as a divan, contrary to section 37(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134. She admitted renting the premises for a reward and working as an employee. The court found the sentence manifestly excessive, noting that the accomplice who bore greater responsibility received a shorter sentence. The court took a starting point of 20 months, reduced by 25% for the late plea (considering the applicant absconded while on bail), resulting in a final sentence of 15 months. Leave to appeal granted and appeal allowed to that extent.
Legal issues: Leave to appeal against sentence
Outcome: Leave to appeal granted; appeal treated as hearing; sentence reduced from two years to fifteen months' imprisonment.
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