19 Dec 1996
R. v. LO CHAK-MAN and Another
- Citation
- R. v. LO CHAK-MAN and Another
- Court
- Court of Appeal
- Case number
- CACC744/1995
The sentencing judge erred by adopting a maximum 14‑year starting point derived from the principal trafficker's wider and partly pre‑offence conduct; only conduct constituting the charged offence (post‑1 December 1989) could be weighed. Because the applicants played relatively minor roles and had mitigating features, the 12‑year sentences were excessive and are replaced with 7 years each; the judge lacked power to order 2 years' imprisonment in default of payment of prosecution costs for D1.