HKSAR v. Suarez Chacon Raul

CACC 483/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 483 OF 1998

(ON APPEAL FROM HC 378 OF 1997)

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J U D G M E N T

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Liu, JA:

1. This is a straightforward case in which the applicant was apprehended at the Customs Arrival Hall on 28 May 1997 for the substance he carried. He was subsequently charged with trafficking in a dangerous drug. The quantity involved was 6,105.22 grammes of a mixture containing 4,902.20 grammes of cocaine hydrochloride. He came before Mr Recorder Ronny Wong, S.C. and on his own plea, he was convicted on 15 October 1997. He was sentenced in 1998 to a term of imprisonment of 17 years. The applicant feels aggrieved and this is his application for leave to appeal against sentence.

2. It is submitted that no proper discount for plea was given, nor was he given a further discount for his cooperation with the police. On his behalf it is pressed upon us that since he offered to assist the police and gave material information upon his arrest, the additional feature is his immediate cooperation, resulting in the arrest and conviction of his Hong Kong contact.

3. We have had the benefit of the skeleton arguments of counsel, noting the cases he has cited for our consideration. For his plea and the contribution he made to the police action taken against the Hong Kong contact, the usual total discount is 50% and in the circumstances of this case, we would regard a 50% discount as appropriate.

4. The starting point adopted by the judge for his sentencing was 23 years. That is not a matter in dispute. The judge reduced it to 17 years, but 50% of 23 years should be only 11 1/2 years, and that is the term he should serve. We allow his application, grant leave and treat his application as the appeal proper. We allow the appeal, set aside the sentence imposed upon the appellant by the judge and substitute therefor a term of 11 1/2 years. The appellant is, therefore, to serve 11 1/2 years instead of 17 years. We so order.