HKSAR v. IP MING

HKSAR v. IP MING

The 16‑month custodial sentence is appropriate and not manifestly excessive given the substantial heroin quantity (14.06 g), operation of a non‑small divan, presence of 15 persons, the appellant's 13 prior convictions including drug offences and his absconding while on bail; the appeal is without merit and is dismissed.

Citation
HKSAR v. IP MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2005
Case Number
HCMA835/2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Managing a Divan, Possession/possession for Supply of Heroin, Deterrent Sentencing, Absconding While on Bail
Source Language
EN
Criminal Law Narcotics Offences Sentencing Managing a Divan Possession/possession for Supply of Heroin Deterrent Sentencing Absconding While on Bail

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 16 months imprisonment was manifestly excessive
  2. 2 Proper weight of deterrence given quantity of heroin and operation of a non‑small divan
  3. 3 Impact of prior convictions and absconding on appropriate sentence

Ratio Decidendi

The 16‑month custodial sentence is appropriate and not manifestly excessive given the substantial heroin quantity (14.06 g), operation of a non‑small divan, presence of 15 persons, the appellant's 13 prior convictions including drug offences and his absconding while on bail; the appeal is without merit and is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 16 months imprisonment affirmed
  • No increase to sentence ordered