26 Nov 2020
HKSAR v. HERRY JANE YUSUPH
- Citation
- [2020] HKCA 974
- Court
- Court of Appeal
- Case number
- CACC93/2019
The Court held the sentencing guidelines are not a discretionless arithmetic formula; judges must assess role and culpability and may depart from purely arithmetic starting points if reasons exist; a six-week departure here did not warrant interference. Forfeiture under DDO s56(1)(a) is properly characterised as part of sentence and appealable; the judge lawfully found on the evidence that the US$1,800 was connected to the trafficking and ordered forfeiture. Fresh evidence/assistance was insignificant and did not justify further mitigation. Appeal dismissed in full.