香港特別行政區 訴 牛永鑫

香港特別行政區 訴 牛永鑫

Leave to appeal against sentence was granted because the applicant raised reasonably arguable errors in the construction of the sentencing benchmark for different drugs and in the decision to order full concurrency, matters which require appellate determination.

Source-derived case information.

Citation
[2019] HKCA 1052
Parties
Respondent: 香港特別行政區; Applicant: NGAU Wing sun (牛永鑫)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 September 2019
Case Number
CACC34/2019
Procedural Posture
Criminal Appeal (sentence) / Application for Leave to Appeal Against Sentence; Leave Granted
Outcome
Application for leave to appeal against sentence granted
Legal Topics
Possession, Trafficking, Sentencing Guidelines, Concurrent Sentences, Totality Principle, Absurdity Test, Conversion Test
Source Language
ch
Criminal Law Sentencing Narcotics Law Possession Trafficking Sentencing Guidelines Concurrent Sentences Totality Principle +2 more

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Parties

香港特別行政區

Respondent

NGAU Wing sun (牛永鑫)

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in calculating the sentencing benchmark by simply adding tariffs for two different drugs (cocaine and ketamine), thereby failing the absurdity and conversion tests
  2. 2 Whether ordering full concurrency of sentences was erroneous and breached the principle that multiple sentences should not be excessive (totality principle)
  3. 3 Whether leave to appeal against sentence should be granted

Ratio Decidendi

Leave to appeal against sentence was granted because the applicant raised reasonably arguable errors in the construction of the sentencing benchmark for different drugs and in the decision to order full concurrency, matters which require appellate determination.

Court Disposition

Application for leave to appeal against sentence granted

Orders

  • Application for leave to appeal against sentence granted; applicant permitted to appeal his sentence