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CACC 263/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 263 OF 2006
(On Appeal From High Court Criminal Case No. 316 of 2005)
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BETWEEN
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HKSAR |
Respondent |
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and |
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HMS |
Applicant |
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Before : Hon Cheung JA and Saw J in Court
Date of Hearing : 18 January 2012
Date of Judgment : 18 January 2012
Date of Reasons for Judgment : 20 January 2012
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REASONS FOR JUDGMENT
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Hon Cheung JA (giving reasons for judgment of the Court) :
Application for extension of time to appeal
1. The applicant was convicted after trial on 29 June 2006 by Deputy High Court Judge Esther Toh sitting with a jury of two counts of trafficking in dangerous drug, involving a total of 4,104.64 grammes of ketamine. He was sentenced to a total of 12 years’ imprisonment. On 4 July 2006 he lodged an application for leave to appeal against conviction. He later abandoned the application.
2. On 8 June 2011 he applied for extension of time to appeal against sentence.
3. For reasons we had heard, we granted extension of time to apply for leave of appeal, granted leave to appeal, treated it as the appeal proper and substituted the original total sentence with a total sentence of 10 years and 10 months’ imprisonment. The sentence for the 1st charge of 1-year imprisonment remained the same and the sentence of the 2nd charge of 12 years’ imprisonment was substituted by a sentence of 10 years and 10 months’ imprisonment. The sentences are to be served concurrently.
(Peter Cheung)
Justice of Appeal |
(Darryl Saw)
Judge of the Court of
First Instance |
Mr. Man Tak Ho Jonathan, ADPP of Department of Justice, for the Respondent
Mr Jonathan Ah-weng, instructed by Messrs Peter W. K. Lo & Co., for the Applicant
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