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CACC 263/2019
[2020] HKCA 526
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO 263 OF 2019
(ON APPEAL FROM HCCC NO 91 OF 2019)
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BETWEEN
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HKSAR |
Respondent |
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and |
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CHENG Chi-wai (鄭志威) |
Applicant |
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| Before: |
Hon Macrae VP in Court |
| Date of Hearing: |
23 June 2020 |
| Date of Judgment: |
23 June 2020 |
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J U D G M E N T
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1. I shall grant leave on all grounds of appeal. It seems to me reasonably arguable that if, when sentencing, the Deputy Judge considered “a more realistic approach is that the conduct reflected in the charges are simply a continuous act of trafficking”[1], and that “a sentence based on the aggregate quantities of cocaine … would reflect that reality”[2], then the sentence after discount for plea on Charges 1 and 2, when viewed strictly arithmetically, should have been 5 years and 1 month’s imprisonment rather than the 6 years’ and 1 month’s imprisonment he imposed. Ms Cheung, for the applicant, takes no issue with the addition of 1 month in respect of Charge 3.
2. Mr Shiu, for the respondent, does not resist this application and, in my view, properly so.
3. Leave to appeal is accordingly granted.
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(Andrew Macrae) |
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Vice President |
Mr Ivan Shiu, SPP (Ag), of the Department of Justice, for the Respondent
Ms Emily Cheung, instructed by Kwok, Ng & Chan, assigned by the Director of Legal Aid, for the Applicant
[1] Appeal Bundle, p 13C-D.
[2] Appeal Bundle, p 13D-E.
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