Read the full judgment text of CACC 360/2013 on BabelCite. This Court of Appeal judgment was delivered on 28 January 2014 before Stock VP.
Criminal law – trafficking in dangerous drugs – sentencing – appeal – leave to appeal – whether starting point too high for combination of drugs – whether purely mathematical sentencing approach appropriate without regard to personal mitigating factors – whether presence of more than one type of drug is aggravating factor – whether deduction appropriate on account of Newton inquiry regarding self-consumption – applicant aged 33 with no previous convictions – pleaded guilty – 1990 decision of Lau Tak Ming on factors within tariff band long overdue for consideration – District Court imposed 59 months' imprisonment – leave to appeal against conviction refused as applicant pleaded guilty – leave to appeal against sentence granted – legal aid granted – transcript of Newton inquiry directed to be included in appeal bundle – perfected grounds to be filed within 21 days – 1 hour reserved for hearing – written submissions to be filed 28 days (applicant) and 14 days (respondent) before hearing.
Legal issues: Whether starting point for drug trafficking sentence was too high for the combination of drugs · Whether a purely mathematical sentencing approach is appropriate without regard to personal mitigating factors · Whether the presence of more than one type of drug in trafficking is an aggravating factor · Whether a deduction should be made on account of the Newton inquiry regarding self-consumption
Outcome: Application for leave to appeal against conviction refused; application for leave to appeal against sentence granted. Legal aid granted for the appeal; a transcript of the full proceedings below, including the Newton inquiry, directed to be included in the appeal bundle.