香港特別行政區 訴 鄭志偉

香港特別行政區 訴 鄭志偉

The court granted leave to appeal against sentence on two arguable grounds: (1) it is open to debate whether the manufacturing starting point must be inflexibly fixed at 1.6–1.8 times the trafficking starting point in cases involving very large quantities; and (2) it is arguable that the sentence for count 1 should...

Source-derived case information.

Citation
[2020] HKCA 790
Parties
Respondent: 香港特別行政區; Applicant: CHENG Chi wai (鄭志偉)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 September 2020
Case Number
CACC50/2019
Procedural Posture
Criminal Appeal (sentence) / Application for Leave to Appeal Against Sentence Granted
Outcome
Application for leave to appeal against sentence granted
Legal Topics
Manufacture of Dangerous Drugs, Sentencing Starting Point, Concurrent Versus Consecutive Sentences
Source Language
ch
Criminal Law Sentencing Narcotics Law Appeal Jurisdiction Manufacture of Dangerous Drugs Sentencing Starting Point Concurrent Versus Consecutive Sentences

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Parties

香港特別行政區

Respondent

CHENG Chi wai (鄭志偉)

Applicant

Procedural Posture

Criminal Appeal (sentence) / Application for Leave to Appeal Against Sentence Granted

Legal Issues

  1. 1 Whether the sentencing starting point for conviction of manufacturing dangerous drugs should be rigidly fixed at 1.6–1.8 times the trafficking starting point even where very large quantities are involved
  2. 2 Whether the sentence for count 1 (drugs found in parking area outside Unit 1) should be served concurrently with or consecutively to sentences for counts 2 and 4 (drugs found inside Unit 1 and Unit 2)

Ratio Decidendi

The court granted leave to appeal against sentence on two arguable grounds: (1) it is open to debate whether the manufacturing starting point must be inflexibly fixed at 1.6–1.8 times the trafficking starting point in cases involving very large quantities; and (2) it is arguable that the sentence for count 1 should not necessarily be ordered to run consecutively with counts 2 and 4 given the differences in location and circumstances of seizure.

Court Disposition

Application for leave to appeal against sentence granted

Orders

  • Leave to appeal against sentence granted
  • Permission to appeal limited to (a) the appropriate starting point for sentencing on manufacturing offences relative to trafficking (multiplicative approach) and (b) whether the sentence for count 1 should run concurrently with counts 2 and 4