香港特別行政區 訴 黃嘉雯

香港特別行政區 訴 黃嘉雯

The court held that the sentencing judge correctly applied the established quantity-based starting point (21 years 11 months for 982g 'ice'), properly imposed a cross-border uplift (1 year 10 months), and applied the appropriate one-third plea reduction plus a modest additional two-month mercy reduction; no arguable...

Source-derived case information.

Citation
[2020] HKCA 719
Parties
Applicant: WONG Ka man (黃嘉雯); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 August 2020
Case Number
CACC362/2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Sentence
Outcome
application for leave to appeal sentence dismissed
Legal Topics
Drug Trafficking, Sentence Calculation, Plea Discount, Cross Border Aggravation, Leave to Appeal
Source Language
ch
Criminal Law Sentencing Drugs Law Appellate Procedure Drug Trafficking Sentence Calculation Plea Discount Cross Border Aggravation +1 more

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Parties

WONG Ka man (黃嘉雯)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Sentence

  1. 1 whether the sentence was manifestly excessive
  2. 2 whether the sentencing judge correctly applied quantity-based sentencing starting points for trafficking methamphetamine ('ice')
  3. 3 whether cross-border factor justified additional uplift

Ratio Decidendi

The court held that the sentencing judge correctly applied the established quantity-based starting point (21 years 11 months for 982g 'ice'), properly imposed a cross-border uplift (1 year 10 months), and applied the appropriate one-third plea reduction plus a modest additional two-month mercy reduction; no arguable grounds were advanced to depart from that approach, so leave to appeal against sentence was refused.

Court Disposition

application for leave to appeal sentence dismissed

Orders

  • leave to appeal sentence refused
  • warning given to applicant regarding risk under Criminal Procedure Ordinance s83W