12 Sept 2013
HKSAR v. KAWELMACHER JIMMY LEE
- Citation
- HKSAR v. KAWELMACHER JIMMY LEE
- Court
- Court of Appeal
- Case number
- CACC338/2012
The Court allowed the appeal in part because trial counsel gave incorrect legal advice and failed to advance available mitigation (self-consumption) causing an unfair trial and loss of the full one-third guilty-plea discount; the proper starting point remained 6 years for 8.99g ICE, but the applicant is entitled to the full one-third discount, producing a sentence of 4 years 4 months on Charge 2; unsupported assertions of self-consumption were not accepted without evidence.