香港特別行政區 訴 黃家傑及另一人

香港特別行政區 訴 黃家傑及另一人

The appellants provided substantial and effective assistance to the authorities that materially contributed to the apprehension/conviction of another offender; applying established sentencing principles (timely plea plus additional discount for assistance) and relevant authorities the appropriate total reduction was...

Source-derived case information.

Citation
[2021] HKCA 1822
Parties
Respondent: 香港特別行政區; Applicant: WONG KA KIT (黃家傑); Applicant: WONG CHUNG YIN (黃仲賢)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 November 2021
Case Number
CACC130/2020
Procedural Posture
Criminal Appeal (sentence) / Leave to Appeal Out of Time Granted; Appeal Heard and Allowed on Sentence
Outcome
Appeals allowed; sentences reduced
Legal Topics
Conspiracy to Traffic Dangerous Drugs, Drug Trafficking, Sentence Reduction for Assistance to Prosecution, Late Leave to Appeal
Source Language
ch
Criminal Law Sentencing Drugs Offences Conspiracy to Traffic Dangerous Drugs Drug Trafficking Sentence Reduction for Assistance to Prosecution Late Leave to Appeal

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Parties

香港特別行政區

Respondent

WONG KA KIT (黃家傑)

Applicant

WONG CHUNG YIN (黃仲賢)

Applicant

Procedural Posture

Criminal Appeal (sentence) / Leave to Appeal Out of Time Granted; Appeal Heard and Allowed on Sentence

  1. 1 Whether appellants were entitled to further sentence reduction for assistance to the authorities
  2. 2 Appropriate quantum of reduction in light of timely guilty plea and assistance
  3. 3 Whether the reduction should exceed established ranges absent special danger to defendant or family

Ratio Decidendi

The appellants provided substantial and effective assistance to the authorities that materially contributed to the apprehension/conviction of another offender; applying established sentencing principles (timely plea plus additional discount for assistance) and relevant authorities the appropriate total reduction was about 43%, warranting reduction of each concurrent sentence from 13 years 4 months to 11 years 4 months; late leave to appeal was properly granted.

Court Disposition

Appeals allowed; sentences reduced

Orders

  • Late leave to appeal granted
  • Set aside previous sentence of 13 years 4 months on each count and re‑sentence each appellant to 11 years 4 months imprisonment on each count, to run concurrently