HKSAR v. Cheung Ka Yan

CACC 406/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 406 OF 2014

(ON APPEAL FROM HCCC NO. 47 OF 2014)

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J U D G M E N T

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1.The applicant was charged with a single count of trafficking in a dangerous drug, namely 26.92 grammes of methamphetamine hydrochloride narcotic (commonly known as “Ice”), contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 (the Ordinance). At her hearing before Toh J on 30 October 2014, she entered a plea to simple possession, contrary to section 8(1) and (2) of the Ordinance. The plea was accepted by the prosecution and the applicant was accordingly sentenced to 2 years and 4 months’ imprisonment.

2.It is argued on the applicant’s behalf by Mr Dick Lee that the starting point and enhancement of the starting point were both excessive, thus leading to a manifestly excessive sentence.  The application is not opposed by the respondent.

3.In an earlier hearing before Chu JA on 14 January 2015 (not 2014, as the heading to the judgment suggests) in respect of an application by the applicant for bail pending her appeal, Chu JA granted bail based not only on the fact that the applicant would very probably have completed her sentence by the time her appeal was heard but also on the merits of her appeal.

4.I am satisfied that there are reasonable grounds to appeal the overall sentence passed by Toh J and leave is accordingly granted.

5.Having consulted both counsel, the appeal will be set down before the Court of Appeal on 25 November 2015 at 10 am.  The applicant may remain on bail pending her appeal to the Court of Appeal on the same terms as stipulated by Chu JA.

Ms Vivien Chan SPP, of the Department of Justice, for the Respondent

Mr Dick Lee, instructed by Fan & Fan, assigned by Director of Legal Aid, for the Applicant