Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Methamphetamine (ice)

  • 10 Dec 2015

    HKSAR v. MANJAIARRAYA NATTHASIRI

    Citation
    HKSAR v. MANJAIARRAYA NATTHASIRI
    Court
    Court of Appeal
    Case number
    CACC171/2015

    Leave to appeal out of time was refused because the applicant provided no satisfactory explanation for the delay and the sentence was lawfully imposed: the judge properly applied the Ching Kwok Hung 'old scale' (appropriate starting point 21 years), enhanced by 2 years for the international element, and after a one-third discount for the guilty plea the resultant sentence of 15 years and 4 months was not manifestly excessive or wrong in principle.

  • 26 Mar 2013

    HKSAR v. CHAN PO WAH AND ANOTHER

    Citation
    HKSAR v. CHAN PO WAH AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC179/2012

    The trial judge erred by applying Abdallah/heroin guidelines to ICE; the correct approach is to apply ICE-specific guidance and comparative decisions to avoid mathematical progression. For these facts a 21-year starting point for ~1,500g ICE was appropriate, increased to 23 years for the international element, then reduced by one-third for guilty pleas, producing sentences of 15 years and 4 months imprisonment for each applicant.

  • 13 Jan 2006

    HKSAR v. LEE MAN WAI

    Citation
    HKSAR v. LEE MAN WAI
    Court
    Court of Appeal
    Case number
    CACC386/2005

    The Court held the judge's starting point of 16 years for approximately 481.63g of methamphetamine was appropriate within the tariff, the one-third reduction for the guilty plea was correctly applied yielding an 11-year sentence, and financial pressure is not a mitigating factor sufficient to reduce an otherwise appropriate sentence; therefore the application for leave to appeal was dismissed.

  • 20 Jun 2001

    HKSAR v. LAU PING HIM

    Citation
    HKSAR v. LAU PING HIM
    Court
    Court of Appeal
    Case number
    CACC46/2001

    The starting point of 13 years was within the applicable guideline for 236g of methamphetamine and was not excessive given the aggravating factor of offending while on bail; the judge properly applied a one-third discount for the plea and exercised discretion in ordering a partially concurrent sentence for reasons of totality. The application for leave to appeal was without merit and is dismissed.

  • 23 Mar 1999

    HKSAR v. LAI KAM SANG

    Citation
    HKSAR v. LAI KAM SANG
    Court
    Court of Appeal
    Case number
    CACC578/1998

    The trial judge erred by selecting a starting point above the accepted range for simple possession and by doubling the sentence for latent risk given the relatively small quantity; correct method is to adopt a starting point within the 1–18 month range (here 18 months), add a proportionate latent risk enhancement (12 months) and then apply the one-third guilty plea discount resulting in a 20 month sentence.

  • 7 May 1991

    ATTORNEY GENERAL v. CHING KWOK HUNG

    Citation
    ATTORNEY GENERAL v. CHING KWOK HUNG
    Court
    Court of Appeal
    Case number
    CAAR15/1990

    The Court concluded the 7 year sentence was manifestly inadequate in principle for the quantity and nature of methamphetamine involved but declined to alter the respondent's sentence in this case; instead the Court set definitive sentencing tariffs for possession for unlawful trafficking/trafficking in methamphetamine (ICE) to guide future cases and held that the new guidelines should not be applied to the respondent to his detriment.