Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ratio test

  • 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.

  • 27 Nov 2019

    HKSAR v. ISLAM S M MAJHARUL

    Citation
    [2019] HKCA 1307
    Court
    Court of Appeal
    Case number
    CACC67/2019

    The judge erred in methodology by applying the ecstasy sentencing guideline to the total quantity of narcotic (530.96g) instead of to the actual quantity of ecstasy (479.26g); correct methodology when using the combined approach is to apply the relevant guideline to the actual quantity of the identified base drug and then make an upward adjustment to account for other drugs, with cross‑checks (absurdity, conversion and ratio tests) informing the adjustment; leave to appeal against sentence was granted and the matter should proceed to the Court of Appeal for resentencing.

  • 29 Sept 2017

    HKSAR v. LAM CHEUK HEI

    Citation
    HKSAR v. LAM CHEUK HEI
    Court
    Court of Appeal
    Case number
    CACC7/2017

    The Court applied the ratio test to determine an appropriate enhanced starting point of 81 months (base via ratio test plus 6 months for trafficking in Ice and ketamine and 4 months for committing the offence while on bail), then applied a one-third discount for guilty plea, resulting in a substituted sentence of 54 months' imprisonment and quashing the earlier 56-month sentence.