HKSAR v. CHOW KIT KEUNG AND ANOTHER

HKSAR v. CHOW KIT KEUNG AND ANOTHER

The court upheld the magistrate's 3-year starting point for keeping a divan and dismissed the appeal on that charge (resulting in 2 years after plea reduction), but held the 3-year starting point for the trafficking charge (0.15g heroin) was manifestly excessive, substituted a 16-month sentence for that charge and ordered it to run concurrently with the divan sentence; the totality principle and minimal quantity justified reduction on the trafficking charge; 2nd appellant's total remained 2 years and 1 month due to an unappealed activated sentence.

Citation
HKSAR v. CHOW KIT KEUNG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: CHOW KIT KEUNG; 2nd Appellant: KWOK KAM WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2003
Case Number
HCMA710/2003
Procedural Posture
Magistracy Appeal (criminal) / Determination of Sentence on Appeal; Judgment Delivered
Outcome
Appeal allowed in part and dismissed in part: appeal against sentence for trafficking (charge 1) allowed and sentence replaced; appeal against sentence for keeping a divan (charge 2) dismissed.
Legal Topics
Keeping a Divan, Trafficking in Dangerous Drugs, Starting Point for Sentence, Guilty Plea Reduction, Totality Principle, Deterrence
Source Language
EN
Criminal Law Drug Offences Sentencing Appeal Keeping a Divan Trafficking in Dangerous Drugs Starting Point for Sentence Guilty Plea Reduction +2 more

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Parties

HKSAR

Respondent

CHOW KIT KEUNG

1st Appellant

KWOK KAM WING

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Determination of Sentence on Appeal; Judgment Delivered

Legal Issues

  1. 1 Whether the 3-year starting point for keeping a divan was manifestly excessive
  2. 2 Whether the 3-year starting point for trafficking (0.15g heroin) was manifestly excessive
  3. 3 Application of the totality principle for concurrent sentencing

Ratio Decidendi

The court upheld the magistrate's 3-year starting point for keeping a divan and dismissed the appeal on that charge (resulting in 2 years after plea reduction), but held the 3-year starting point for the trafficking charge (0.15g heroin) was manifestly excessive, substituted a 16-month sentence for that charge and ordered it to run concurrently with the divan sentence; the totality principle and minimal quantity justified reduction on the trafficking charge; 2nd appellant's total remained 2 years and 1 month due to an unappealed activated sentence.

Court Disposition

Appeal allowed in part and dismissed in part: appeal against sentence for trafficking (charge 1) allowed and sentence replaced; appeal against sentence for keeping a divan (charge 2) dismissed.

Orders

  • Sentence on charge 1 (trafficking) quashed and replaced with 16 months imprisonment
  • Sentence on charge 1 to run concurrently with sentence on charge 2