Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enhancement for international element

Legal area

Court

13 Jun 2014

HKSAR v. MOTHOSOLA MALEFETSANE EDY

Citation

HKSAR v. MOTHOSOLA MALEFETSANE EDY
Court

Court of Appeal
Case number

CACC50/2014

Enhancement of 2 years for the international element was manifestly excessive for trafficking 220g of heroin; appropriate enhancement is 6 months, producing an enhanced starting point of 12.5 years which, after a one‑third guilty plea discount, results in an 8 years 4 months sentence; avoid double counting importation and intended exportation.
5 Jul 2012

HKSAR v. ZHANG SAIQIONG

Citation

HKSAR v. ZHANG SAIQIONG
Court

Court of Appeal
Case number

CACC333/2011

The judge correctly identified the tariff range for ketamine, adopted a 12.5 year starting point, properly applied a 6 month enhancement for the international element, afforded the maximum one‑third guilty plea discount plus two months for character, resulting in an 8.5 year sentence which was not excessive or wrong in principle; the application for leave to appeal was therefore dismissed.