22 Apr 2024
SECRETARY FOR JUSTICE v. OLIINYK ALLA
- Citation
- [2024] HKCA 296
- Court
- Court of Appeal
- Case number
- CAAR2/2022
The international element remains a valid aggravating sentencing consideration but is not a rigid, standalone arithmetic enhancement; it must be assessed as part of the offender’s role and culpability under the Herry Jane Yusuph framework (with quantity retaining relevance). There is no general ‘drug mule’ exception — vulnerable or indebted couriers must prove exceptional circumstances promptly and with evidence; post‑conviction certifications of trafficking victimhood admitted late ordinarily fail s83V and will not upset sentence. Applying those principles, the Court dismissed both appeals:…