Read the full judgment text of CACC 000629/2002 on BabelCite. This Court of Appeal judgment was delivered on 11 July 2003 before Hon Stock JA and Ma JA.
Criminal law – trafficking in dangerous drugs – ketamine and cocaine – sentence – manifestly excessive – leave to appeal – starting point – plea discount – cooperation discount – totality principle – HKSAR v Lee Tak Kwan [1998] 2 HKC 371 – HKSAR v Chu Ching-tak, unreported – applicant pleaded guilty to two charges of trafficking in ketamine and cocaine – vehicle contained 1.72 kg ketamine, 33.45 g cocaine, 0.96 g cannabis – home contained 5.34 kg ketamine – Recorder imposed 20 years 8 months – Court of Appeal found manifestly excessive – substituted 10 years on each charge with 1 year consecutive – total 11 years – ketamine treated on par with ecstasy for sentencing – cocaine considered serious – cooperation discount limited as police would have searched home anyway.
Legal issues: Leave to appeal against sentence
Outcome: Leave to appeal granted; appeal allowed; sentences substituted: 10 years on charge 1, 10 years on charge 2, with 1 year consecutive on charge 2, total 11 years' imprisonment.
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