Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enhancement for form 8 recognizance holders
  • 10 Oct 2019

    HKSAR v. ISLAM AZHARUL

    Citation
    [2019] HKCA 1135
    Court
    Court of Appeal
    Case number
    CACC98/2019

    The Court concluded the appeal was arguable and granted leave because the judge’s notional sentence could be questioned on arithmetic combined-starting-point grounds, but emphasised sentencing is not purely mathematical; having considered appropriate starting points (around 5 years 9 months) and reasonable enhancements for Form 8 status and multiple drugs (together in the region of 15 months) a notional sentence near 7 years was defensible and the matter merited appellate consideration.