Hong Kong Case Law: Decisions & Judgments

Topic

Discount for self-consumption

Legal area

Court

27 Mar 2017

HKSAR v. TSOI MAN CHUN

Citation

HKSAR v. TSOI MAN CHUN
Court

Court of Appeal
Case number

CACC414/2015

The Court of Appeal held the judge erred in affording only a minimal (~3%) discount for claimed self-consumption; applying Chow Chun Sang and interpreting facts most favourable to the appellant the court found a significant proportion could be regarded as for self-consumption and awarded a 10% discount from the starting point for count 5, and further held the possession sentence (count 3) derived from the same source as count 5 and should run concurrently; consequence: sentence recalculated and aggregate sentence fixed at 5 years 8 months imprisonment.
15 Sept 2015

HKSAR v. WONG HON CHIU

Citation

HKSAR v. WONG HON CHIU
Court

Court of Appeal
Case number

CACC137/2015

Even if the judge had accepted that one packet was for self-consumption and that reduced the notional trafficking quantity slightly, that potential reduction was effectively counteracted by the applicant's substantial and relevant prior convictions and accumulated sentences; therefore there was no arguable ground that the final sentence of 5 years 4 months was manifestly excessive or wrong in principle and the application for leave to appeal was refused.
26 Aug 2014

HKSAR v. LAW NUM CHUN

Citation

HKSAR v. LAW NUM CHUN
Court

Court of Appeal
Case number

CACC360/2013

The correct starting point must be weight‑based and adjusted for the aggravation of multiple drug types and the appellant's role; the trial judge erred by excluding any self-consumption of crystalline ice and by selecting an excessive starting point (7 years 6 months); a revised starting point of 7 years with a ~15% reduction for partial self-consumption and a reduced guilty‑plea discount yields an appropriate sentence of 4 years 4 months' imprisonment, which replaces the original manifestly excessive 59‑month sentence.

Hong Kong Case Law

HKSAR v. TSOI MAN CHUN

HKSAR v. WONG HON CHIU

HKSAR v. LAW NUM CHUN