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Hong Kong decisions
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The Court of Appeal refused leave to appeal out of time against a 13 years 4 months sentence for cocaine trafficking and manufacturing, finding no reasonably arguable manifest excess.
The Court of Appeal refused leave to appeal against conviction in a cocaine trafficking case, holding that the trial judge’s summing-up was fair and legally correct.
The Court of Appeal refused leave to appeal out of time against a 10½-year drug trafficking sentence, holding the revised guidelines would not realistically lower it.
The judge's reply to the jury introduced and permitted conviction on a factual and legal basis that was not the prosecution's pleaded basis (importation), thereby materially widening the basis for conviction without appropriate direction; this deprived defendants of a fair trial and made the convictions unsafe, requiring that the convictions and sentences be quashed and a retrial ordered in the interests of justice under Cap.221 s83E(1).
Source excerpt
Criminal appeal on jury directions, possession and trafficking. The Court granted leave only on one arguable conviction ground and granted leave to appeal sentence.
Leave to appeal conviction was refused in a drug trafficking case, but leave to appeal sentence was granted because later authorities lowered the sentencing starting point.
Leave to appeal was granted on sentence, with the court finding it arguable that the drug-driving sentence and overall totality were manifestly excessive.
The Court of Appeal refused an out-of-time application for leave to appeal against sentence, finding no basis to disturb the sentencing judge’s treatment of the applicant as a storekeeper.
The Court of Appeal upheld the trafficking conviction but reduced sentence to 22 years, finding no need for a lies direction and giving credit for cooperation and mitigation.
The Court of Appeal refused leave to appeal against sentence, holding that the judge properly applied sentencing principles, including the “no harm” factor and totality.
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