Read the full judgment text of CACC 272/2010 on BabelCite. This Court of Appeal judgment was delivered on 21 January 2011 before Hon Yeung JA, Hartmann JA, Lunn J.
Criminal law – sentencing – totality principle – immigration offences – possession of dangerous drug – appeal – HKSAR v Pham Van Tuan – The appellant, an illegal immigrant from Vietnam, pleaded guilty to possession of 0.14g of heroin, unlawfully remaining in Hong Kong, and breach of a deportation order. The District Court imposed a total sentence of 36 months' imprisonment. On appeal, the Court of Appeal held that the two immigration offences arose from the same underlying criminality (unlawful presence in Hong Kong) and were not separate and distinct. Applying the totality principle, the court found the total starting point of 54 months manifestly excessive. The court reduced the consecutive element for the breach of deportation order from 10 months to 3 months, resulting in a total sentence of 29 months (20 months for unlawfully remaining, 3 months consecutive for breach, and 6 months consecutive for drug possession). Appeal allowed; sentence reduced.
Legal issues: Totality of sentence for immigration and drug offences
Outcome: Appeal against sentence allowed; total sentence reduced from 36 months to 29 months.
Cited by 31 cases · Cites 4 cases