Hong Kong Case Law: Decisions & Judgments

Topic

Combined approach to multiple drugs

Legal area

Court

10 Mar 2022

HKSAR v. FARHAN ASLAM

Citation

[2022] HKCA 408
Court

Court of Appeal
Case number

CACC125/2021

Leave to appeal was refused because the Court concluded the District Court judge did not err in law or principle: he properly applied the combined approach and cross‑checking tests to determine a just starting point, fairly adjusted for multiple drugs and aggravating factors, gave full guilty plea credit, and reasonably ordered the immigration sentence to run consecutively; the grounds were not reasonably arguable.
16 Aug 2019

HKSAR v. MA SIN YEE

Citation

[2019] HKCA 942
Court

Court of Appeal
Case number

CACC379/2018

Leave to appeal was refused because the sentencing judge properly applied established sentencing guidelines, lawfully rejected an untested assertion that a significant proportion of the drugs were for personal consumption, correctly applied the combined approach and discounts, and the resulting sentence was not manifestly excessive or wrong in principle.
5 Aug 2016

HKSAR v. CHAN SZE MAN, IBY

Citation

HKSAR v. CHAN SZE MAN, IBY
Court

Court of Appeal
Case number

CACC33/2016

The application for leave was refused because there were no arguable errors: the trial judge correctly applied the combined approach and relevant tariff guidelines, reasonably set an overall starting point and applied a one-third discount for the guilty plea; the DATC recall related to separate proceedings and was not reasonably arguable to affect the sentence in this case.
8 Apr 2014

HKSAR v. CHAN YUK LEONG

Citation

HKSAR v. CHAN YUK LEONG
Court

Court of Appeal
Case number

CACC318/2013

The upward adjustment of three years to the starting point was manifestly excessive. Cross‑checking by the absurdity, conversion and ratio tests showed a 9‑year sentence after trial was appropriate for count 1; after a one‑third discount for plea the appropriate sentence is 6 years 4 months. There was insufficient evidence of increased potency from mixing or other aggravating features to justify a higher upward adjustment.

Hong Kong Case Law

HKSAR v. FARHAN ASLAM

HKSAR v. MA SIN YEE

HKSAR v. CHAN SZE MAN, IBY

HKSAR v. CHAN YUK LEONG