Read the full judgment text of CACC 000304/2008 on BabelCite. This Court of Appeal judgment was delivered on 12 March 2009 before Stuart-Moore VP, Stock JA and McMahon J.
Criminal law – dangerous drugs – trafficking in heroin – sentencing guidelines – Lau Tak-ming – international element – parity in sentencing – guilty plea discount – confess and avoid – Newton hearing – Court of Appeal supplementary guidelines – Heroin hydrochloride 1,218.86 grammes swallowed in 142 packets by Tanzanian international courier arriving from Tehran via Doha for US$7,000 – Whether further guidelines should be promulgated to supplement Lau Tak-ming for trafficking in amounts of heroin or cocaine above 600 grammes – Whether sentence of 16 years and 8 months imposed on international courier (25-year starting point reduced by one-third for guilty plea) was manifestly excessive – Whether discount for guilty plea should be reduced where defendant attempts to change plea or disputes facts in Newton hearing – Held: New guidelines issued for trafficking above 600 grammes after trial: 600-1,200 grammes 20-23 years; 1,200-4,000 grammes 23-26 years; 4,000-15,000 grammes 26-30 years; over 15,000 grammes at sentencer's discretion; international element, prior drug convictions, mastermind/senior player role, and use of young persons are aggravating factors warranting enhancement of at least 2 years for amounts above 1 kilogramme – Held: Appellant's sentence not manifestly excessive; under new guidelines, starting point of 23 years enhanced by 2 years for international element to 25 years, reduced by one-third for guilty plea, produces identical 16 years and 8 months – Held: Guilty plea discount may be reduced below one-third not only for waste of court time but also where defendant has attempted to obtain lenient sentence on false premise by confessing and avoiding full responsibility through Newton hearing or plea reversal – Appeal dismissed – Sentencing upheld: starting point 25 years, one-third discount for guilty plea, final sentence 16 years and 8 months' imprisonment.
Legal issues: Supplementary sentencing guidelines for heroin trafficking above 600 grammes · Whether appellant's sentence was manifestly excessive · Reduction of guilty plea discount for 'confess and avoid' tactics
Outcome: Appeal against sentence dismissed
Cited by 59 cases · Cites 15 cases