香港特別行政區 訴 鄧桂枝

香港特別行政區 訴 鄧桂枝

The application for leave to appeal against sentence was refused because the sentence (30 months) fell within the applicable guideline range for trafficking under 10g, the trial judge properly accounted for a 15% personal use reduction and the applicant's 16 prior convictions, and there were no arguable grounds...

Source-derived case information.

Citation
[2019] HKCA 257
Parties
Respondent: Hong Kong Special Administrative Region (香港特別行政區); Applicant: 鄧桂枝 (TANG KWAI CHI GI GI)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 February 2019
Case Number
CACC256/2018
Procedural Posture
Criminal — Sentence Appeal (application for Leave) / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused
Legal Topics
Drug Trafficking, Failure to Produce Identification, Sentence Length, Mitigation, Previous Convictions
Source Language
ch
Criminal Law Sentencing Drugs Law Drug Trafficking Failure to Produce Identification Sentence Length Mitigation Previous Convictions

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Parties

Hong Kong Special Administrative Region (香港特別行政區)

Respondent

鄧桂枝 (TANG KWAI CHI GI GI)

Applicant

Procedural Posture

Criminal — Sentence Appeal (application for Leave) / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Appropriate sentencing range for trafficking cocaine under 10 grams
  3. 3 Whether allowance for personal use portion affects sentence

Ratio Decidendi

The application for leave to appeal against sentence was refused because the sentence (30 months) fell within the applicable guideline range for trafficking under 10g, the trial judge properly accounted for a 15% personal use reduction and the applicant's 16 prior convictions, and there were no arguable grounds demonstrating the sentence was manifestly excessive.

Court Disposition

Application for leave to appeal against sentence refused

Orders

  • Application for leave to appeal against sentence refused