THE QUEEN
Mr F. Veltro
CACC 703/1995
CACC000703/1995
IN THE COURT OF APPEAL
1995, No. 703 (Criminal)
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Coram: Hon Mortimer, J.A. and Mayo, J.A.
Date of hearing: 3 April 1996
Date of judgment: 3 April 1996
J U D G M E N T
Mayo, J.A. (giving the judgment of the Court):
1. The applicant seeks leave to appeal against the sentence of four-and-a-half years' imprisonment for trafficking in dangerous drugs. He was caught red-handed by the police. The amount of dangerous drugs involved was 98.16 grams of a mixture containing 26.28 grams of heroin. He pleaded guilty to the offence. The amount of dangerous drugs involved is within the second tier of the category of cases in Lau Tak-ming.
2. His Honour Judge Muttrie adopted six years as his starting point. However he only gave a discount of 25% for the guilty plea and for the assistance which the applicant gave to the police. This was not enough. He should have given 33% a discount to the applicant and this being the case we allow the application, treat it as the substantive appeal and substitute a sentence of four years' imprisonment for the term of four-and-a-half years.
Representation:
Mr F. Veltro for Crown Prosecutor
CHOI Siu-man - Applicant in person/present