Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cocaine trafficking

Legal area

Court

5 Feb 2008

HKSAR v. GARCIA PALACIOS MARCO ANTONIO

Citation

HKSAR v. GARCIA PALACIOS MARCO ANTONIO
Court

Court of Appeal
Case number

CACC154/2007

Quantities over 600g are in the very large category warranting an upward adjustment from the 20-year cut-off but the judge's choice of a 25-year starting point for approximately 857g, even allowing for the foreign aggravating factor, was disproportionate; a starting point just over 22 years better reflected gravity, and after a one-third discount for a guilty plea the appropriate sentence is 15 years' imprisonment.
16 Jun 1994

ATTORNEY GENERAL v. PEDRO NEL ROJAS

Citation

ATTORNEY GENERAL v. PEDRO NEL ROJAS
Court

Court of Appeal
Case number

CAAR15/1993

The Court held Lau Tak Ming sentencing guidelines apply to cocaine; the trial judge erred in using a 12‑year starting point for the quantity involved (very substantial) and overstated the mitigation from transit/foreignness; appropriate sentence for the trafficking count is 15 years but reduced to 14 years to reflect review increase and plea mitigation.