28 Feb 2023
A modest enhancement to the starting point for multiple drug traffickings is within the sentencing judge's discretion where justified by the offender's circumstances and where the Court of Appeal's combined approach tests are used as flexible cross-checks rather than mandatory calculations.
20 Mar 2020
The Court refused leave to challenge the 9‑year notional starting point because the combined approach and the identified aggravating features (substantial packaging operation, multiple drugs, prior trafficking convictions) made the starting point neither excessive nor wrong in principle; however it granted leave to Ma to appeal the reduction of the usual one‑third plea discount to 25% because it is reasonably arguable that the sentencing court may have erred in taking into account his giving evidence for a co‑defendant as a basis for reducing the discount.
7 Jan 2020
The Court allowed the appeal, holding that the sentencing judge had not properly articulated the application of the totality principle and the combined approach. After identifying and quantifying appropriate enhancements for three aggravating factors and applying the totality principle, the court concluded a 7-year notional sentence was appropriate and, after a one-third guilty plea discount, substituted the sentence with 4 years 8 months imprisonment.
10 Apr 2019
Applicant not entitled to credit for assistance because his information was unavailing and there was no culpable police inaction; the judge's adoption of a 20 years 3 months starting point for the aggregate ketamine quantity and reduction to a total of 13.5 years after plea and totality adjustments was appropriate; leave to appeal out of time refused and appeal dismissed.
3 Jul 2017
The Court held that the 10 year overall sentence derived from a 15 year starting point was not manifestly excessive or wrong in principle because the judge reasonably applied the combined approach and totality principle, the aggravating features (repeat trafficking convictions, offending on bail, dealing in multiple drugs) justified the starting point and no discount for own consumption could be allowed absent any quantification or basis to conclude a significant proportion was for personal use.
13 Feb 2012
The Court held that the starting point of 12 years was manifestly excessive. Applying the combined approach subject to the absurdity test and taking into account aggravating factors and the one-third guilty plea discount, the appropriate starting point was 10 years per charge and, after the discount, the sentence on each charge should be 6 years and 8 months to be served concurrently.