28 Apr 2011
SECRETARY FOR JUSTICE v. CHAN CHUN FAI
- Citation
- SECRETARY FOR JUSTICE v. CHAN CHUN FAI
- Court
- Court of Appeal
- Case number
- CAAR11/2010
The Court held the sentencing judge erred in principle by starting from a possession benchmark; the defendant was convicted of trafficking (by exporting) and must be sentenced on that basis. Self‑consumption is mitigation only. Applying the tariff for 12.85g of methamphetamine, with a 25% reduction for personal consumption and allowance for plea, the appropriate sentence is 3 years 6 months imprisonment, so the review is allowed and the original 18‑month sentence is set aside.