Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Combined approach to cocktail drugs
  • 3 Jun 2020

    HKSAR v. ISLAM S M MAJHARUL

    Citation
    [2020] HKCA 300
    Court
    Court of Appeal
    Case number
    CACC67/2019

    The appeal is allowed because the correct methodology under the combined approach required using cocaine (the more potent drug) as the base. Applying that methodology: start at 8 years for 51.7g cocaine, increase by 4 years to account for 479.26g ecstasy (to 12 years), enhance 3 months for trafficking in two serious drugs and 1 year for Form 8 recognizance (to 13 years 3 months), then apply full one-third discount for early guilty plea to yield 8 years 10 months imprisonment; the original sentence of 9 years 6 months is set aside and substituted accordingly.