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CACC000061/1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
1998, No. 61
(Criminal)
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HKSAR |
Respondent |
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AND |
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CHAN KAI-NAM |
Applicant |
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Coram: Hon. Mayo and Stuart-Moore, JJ.A. in Court
Date of hearing: 10 July 1998
Date of delivery of judgment: 10th July 1998
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J U D G M E N T
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Mayo, J.A. (giving the judgment of the Court):
1. The Applicant pleaded guilty to one count of trafficking in dangerous drugs and one count of possession. He was sentenced to 9 years' imprisonment on the first count and 18 months concurrent on the second.
2. The amount of dangerous drugs subject to the first charge was a mixture of 230.29 grammes of a crystalline solid containing 216.69 grammes of methamphetamine hydrochloride known as ice. The quantity of dangerous drugs on the second count was quite small.
3. Gall, J. the sentencing judge adopted 12 years as his starting point and gave the Applicant a discount of 25% for his early plea. No reason was given for not allowing the usual 1/3 discount.
4. This is in effect the sole ground which is advanced by the Applicant. He should have received the full discount.
5. We allow the application and treating it as the appeal the sentence of 9 years' imprisonment is reduced to 8 years' imprisonment. To this extent the appeal is successful.
| (Simon Mayo) |
(M. Stuart-Moore) |
| Justice of Appeal |
Justice of Appeal |
Representation:
Mr. Albert Wong, S.G.C. (D.P.P.) for Respondent
Chan Kai-nam, Applicant in person
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