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Hong Kong decisions
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The Court of Appeal refused leave to appeal against a conviction for trafficking dangerous drugs, rejecting complaints about silence, directions, and DNA evidence.
Court of Appeal refused leave on conviction but allowed sentence appeal, reducing a drug-trafficking sentence to 23 years after applying revised guidelines.
The Court of Appeal refused leave to appeal against conviction in a cocaine trafficking case, holding that the trial judge’s summing-up was fair and legally correct.
The Court held the trial judge erred in principle by under‑estimating the real risk of distribution from the defendant's pattern of possession and conduct; the 12‑month benchmark should have been uplifted by six months for distribution risk and, after allowing one‑third reduction for plea and a customary further three‑month adjustment on review, the appropriate sentence is nine months immediate imprisonment; the Secretary for Justice's review application is allowed and the original sentence set aside and replaced accordingly.
Source excerpt
The trial judge did not err: the limited additional guilty plea discount (2 months) was justified because the phone records made detection of offence 2 likely even without the admission; the one‑third uplift and the concurrency ordering were within permissible sentencing discretion given the applicant's record, the distinct nature of separate offences and offending on bail; the aggregate sentence was not manifestly excessive. Therefore leave to appeal was properly refused.
Source excerpt
The Court of Appeal granted an extension of time and leave to appeal sentence, applying revised drug-trafficking guidelines and reducing the sentence to 10 years and 7 months.
The Court of Appeal granted leave to appeal out of time and reduced a 14-year sentence for drug trafficking to 12 years and 4 months under revised sentencing guidance.
The Court of Appeal refused leave to appeal against sentence for trafficking 27,297.8 grammes of herbal cannabis, upholding the sentencing approach and rejecting challenges to mitigation and scientific evidence.
The Court of Appeal refused leave to appeal out of time in a drug-trafficking sentence appeal, holding the proposed grounds lacked reasonable arguability.
The Court of Appeal treated the applicant’s purported abandonment of her sentence appeal as a nullity, allowed the appeal, and reduced the sentence from 22½ to 20½ years.
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