9 Jul 2019
HKSAR v. CHENG LING LING
- Citation
- [2019] HKCA 636
- Court
- Court of Appeal
- Case number
- CACC66/2018
The Court allowed the appeal and reduced the global sentence because the sentencing judge failed to account for the no-harm factor in respect of Counts 2 and 4; the correct approach is to determine the sentence the offender would have attracted for the drug and purity she believed she was trafficking and then apply a fact-sensitive reduction to reflect the lack of actual harm without undermining deterrence; applying that approach and specific reductions produced a substituted sentence of 5 years and 10 months imprisonment.