3 Aug 2006
Given the applicant's status as a persistent offender, breach of probation, evidence of ongoing drug use, prior trafficking conviction and objective risk factors (multiple keys/access to the vehicle), the Court held a 2-year starting point with a 9-month uplift for latent risk of redistribution was justified and the total sentence of 2 years 9 months was not manifestly excessive.
23 Feb 2000
The court held that the trial judge's overall sentencing exercise was lawful and appropriate: a three year starting point per offence (after plea reductions) was justifiable even though the judge omitted an initial step outlined in HKSAR v Wan Sheung sum because applying that step would have produced the same result; the sentences were properly ordered to run consecutively because the second offence was committed while on bail the following day; totality was considered and an aggregate term of four years was appropriate; therefore the application to vary to concurrent sentences was dismissed.
23 Dec 1999
The sentencing judge erred by omitting the initial step of selecting an appropriate starting point and by mechanically doubling prior case sentences instead of assessing the applicant's circumstances; correct application yields a starting point of 16 months, a 6-month enhancement for slight latent risk and a one-third discount for guilty plea, reducing the sentence on charge 1 to 14 months to run concurrently with the 12-month sentence on charge 2.