13 Nov 2025
Leave to appeal against sentence is granted because the revised sentencing guidelines in HKSAR v Huang Ruifang materially affect the appropriate notional starting point for the total cocaine quantity; the Court must hear the appeal and sentence the applicant afresh having regard to the revised starting point and the proper assessment of any enhancement for prior convictions.
19 Dec 2024
Leave to appeal against sentence was granted because it was reasonably arguable that the overall 4-year sentence was manifestly excessive due to potential double counting of enhancements for previous convictions leading to an inflated notional starting point, while the starting points for individual offences and the disqualification order were not themselves plainly unreasonable.
16 Oct 2018
The court refused leave to appeal because the sentencing judge applied the correct guideline starting point for the quantity of heroin, properly adjusted for an international element and the applicant's history of prior trafficking convictions, correctly refused allowance for alleged personal consumption given the facts of delivery for reward, and applied an appropriate one-third reduction for the guilty plea; therefore the sentence was not manifestly excessive.
15 Aug 2013
The Court held the trial judge conducted a full and careful sentencing exercise; given three unauthorised uses of others' credit cards to obtain goods totalling HK$96,500, the adoption of a 3‑year starting point per charge (as supported by Kwan Po Keung), a modest enhancement of three months for persistent similar offending, and application of a one‑third plea discount were all within lawful sentencing discretion; therefore the sentence was not manifestly excessive.