17 Jan 2023
HKSAR v. RAHMAN MD MOTALEB
- Citation
- [2023] HKCA 91
- Court
- Court of Appeal
- Case number
- CACC235/2021
Court accepted 57.5 months as the correct mathematical starting point for 4.49g methamphetamine; treated the 23.97g herbal cannabis as attracting a one-month enhancement (not the 3 months adopted by the judge) because Chor Lui's facts were materially different and commercial aggravating features were absent; reduced the Form 8 enhancement from 8.5 months to 6 months as sufficient; the proper notional sentence after trial was 64.5 months and applying a one-third plea discount yielded 43 months, therefore the original 46 month sentence was excessive and was set aside and replaced by 43 months.