香港特別行政區 訴 INTAN DWI NOPITASARI

香港特別行政區 訴 INTAN DWI NOPITASARI

For trafficking 6.24 grams of methamphetamine the imposed sentence of 4 years 6 months fell within the accepted sentencing range and was not manifestly excessive; the original judge properly considered mitigation including the applicant's agreement to facts and childcare factors, therefore the application for leave...

Source-derived case information.

Citation
[2019] HKCA 457
Parties
Respondent: 香港特別行政區; Applicant: Intan Dwi Nopitasari
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 April 2019
Case Number
CACC328/2018
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence dismissed
Legal Topics
Sentencing Guidelines, Leave to Appeal, Mitigation (plea and Personal Circumstances), Drug Quantity Classification
Source Language
ch
Criminal Law Sentencing Narcotics Control Sentencing Guidelines Leave to Appeal Mitigation (plea and Personal Circumstances) Drug Quantity Classification

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Parties

香港特別行政區

Respondent

Intan Dwi Nopitasari

Applicant

Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 4 years 6 months was manifestly excessive
  2. 2 Appropriate sentence for trafficking methamphetamine of 6.24 grams
  3. 3 Whether leave to appeal against sentence should be granted

Ratio Decidendi

For trafficking 6.24 grams of methamphetamine the imposed sentence of 4 years 6 months fell within the accepted sentencing range and was not manifestly excessive; the original judge properly considered mitigation including the applicant's agreement to facts and childcare factors, therefore the application for leave to appeal against sentence is refused.

Court Disposition

Application for leave to appeal against sentence dismissed

Orders

  • Leave to appeal against sentence dismissed