Hong Kong Case Law: Decisions & Judgments

Topic

Driving under the influence of drugs

Legal area

Court

1 Nov 2022

HKSAR v. LEE WAI PING

Citation

[2022] HKCA 1640
Court

Court of Appeal
Case number

CACC27/2022

The Court refused leave to appeal because the trial judge correctly assessed the seriousness of the separate offences, properly applied the totality principle to arrive at an aggregate term of 42 months imprisonment, and lawfully imposed mandatory disqualification periods under the Road Traffic Ordinance (with commencement delayed under s69A for a recidivist); the aggregate sentence and disqualification were not excessive.
15 Apr 2014

HKSAR v. PANG HO YIN, PATRICK

Citation

HKSAR v. PANG HO YIN, PATRICK
Court

Court of Appeal
Case number

CACC283/2013

The Court held that the starting points adopted by the trial judge were not manifestly excessive given the aggravating facts (driving under the influence of a dangerous drug, dangerous high-speed driving causing actual property damage, violent resistance and prior convictions), that the sentences for resisting/assaulting police properly run consecutively to the driving sentence, that the increased statutory maximum for drug driving was appropriately applied, and that the aggregate sentence of 42 months after plea was not excessive; leave to appeal against sentence was dismissed.
22 Dec 2010

SECRETARY FOR JUSTICE v. CHAN HON HOI

Citation

SECRETARY FOR JUSTICE v. CHAN HON HOI
Court

Court of Appeal
Case number

CAAR8/2010

The original district court sentence was unduly lenient given the respondent's deliberate repeated drug-driving as a professional taxi driver and his relevant record; appropriate starting points close to the 3-year maximum were justified, reduced by one-third for guilty pleas, resulting in increased custodial terms totalling 30 months plus 14 days and an increased disqualification period of three years with a re-test requirement; consecutive disqualification periods should not be ordered but the overall period must adequately protect the public.

Hong Kong Case Law

HKSAR v. LEE WAI PING

HKSAR v. PANG HO YIN, PATRICK

SECRETARY FOR JUSTICE v. CHAN HON HOI