Table 6. Especially in the earlier weight categories, specifically ranging from 0 grams to 150 grams, England and Wales only use one weight category while that range encompasses three weight categories in Hong Kong. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Our criteria for developing or revising guidelines. In the era of sentencing guidelines, the punishment for traffickers is primarily based on the offenders culpability and the drug weight. 6 Gloria Lai, Drugs, crime and punishment: Proportionality of sentencing for drug offences (IDPC Series on Legislative Reform of Drug Policies No 20, Jun 2012) accessed 16 Mar 2022. Many of these individuals were found to be minors, which influenced the extreme concern expressed by the International Narcotics Control Board's about the negative effects that some sentences would have on juveniles.Footnote 23 In the UK, Reuter and Stevens assessed the efficacy of drug rehabilitation centres, which housed both juvenile and adult offenders, and concluded that this approach was rather limited in its effect on reducing the overall crime rate of drug trafficking.Footnote 24. Although marginal, a difference manifests at greater drug weights where the difference between the two linear functions of the lesser and significant roles in 1000 grams is larger than the difference at 5000 grams. Figure 4 presents the linear functions of both jurisdictions within the prescribed range of 5000 grams. hb```j @,ds a(f`Tfg0_ ;V- ^0$@130Mb` 49H10H5
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The increments for this weight range are inconsistent with the assumption of proportionality, which assumes a decreased penalty for each additional drug added. A punishment should neither be too lenient nor excessive. The court in Abdallah provided supplementary guidelines for weights of cocaine and heroin above 600 grams. In Hong Kong, the sentence guidelines focus on the trafficked drug weight and do not incorporate a structured consideration of culpability like in England and Wales. For example, the calculation of the arithmetic starting point for 5 grams of cocaine in Hong Kong is captured in Table 3 above. Sentencing Guidelines and other statutory factors. These revisions will be submitted to Congress as amendments. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. He allegedly operated as the plaza boss for the Mexican city of Guamchil, Sinaloa, and in that role, he supervised at least 200 armed men and controlled the drug-trafficking activities in that city and the surrounding area. This bill reduced the punishment for transporting and possessing with intent to distribute a dangerous controlled substance. This supports the existing guidelines in Lau Tak Ming.Footnote 69 Till this day, these guidelines still stand as the drug tariffs for cocaine and heroin. Imposition of fines with custodial sentences, 2. It may be desirable in cases where quantities less than 500 grammes of those substances are seized.Footnote 43, For smaller quantities, the Court would, in the interest of cost and time, generally sentence based on the assumption of low level of retail dealing and the unique circumstances surrounding each case.Footnote 44 However, if the evidence adduced showed that the offender was wholesaling (and thus closer to the source of supply) rather than retailing, then a purity analysis had to be performed before sentencing.Footnote 45, Because of their openness to various interpretations, these judgements were not considered as solid responses to the criticisms of sentencing disparity and calls for greater consistency continued.Footnote 46 From the Crime and Disorder Act in 1998, the Court began to consider sentencing guideline proposals from a sentencing council body (then the Sentencing Advisory Panel).Footnote 47 In subsequent years, the desire for a government body providing structured sentencing guidelines grew, resulting in the Coroners and Justice Act 2009, which established the Sentencing Council in England and Wales.Footnote 48 Sentencing guidelines for drug offences came into force in 2012. 4 United Nations International Drug Control Programme, The social impact of drug abuse (World Summit for Social Development-Copenhagen, 612 Mar 1995) accessed 16 Mar 2022. For 14 grams of ketamine, each gram would add only 0.9 months to its categorical minimum sentence length. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. The papers in this section critically examine the history and basis of the most frequently encountered provisions of the U.S. Share sensitive information only on official, secure websites. Instead, the Hong Kong courts treat each defendant at the lowest level of culpability unless presented with additional evidence. Existing literature tend to focus on the issue of proportionality as it relates to the roles and culpability of offenders. However, the difference between the slopes of the smallest and largest drug weight categories is substantially greater in Hong Kong than in England and Wales. In Hong Kong, drug types are viewed independently and may have overlapping sentencing guidelines, such as cocaine and heroin. This Court [does] not have evidence to show that the applicant was the main instigator of the drug trafficking or was a repeat offender. The seriousness of an offence is ascertained by the harm and culpability of the offender. Sentencing Guidelines in Hong Kong for Heroin and Cocaine, The tariffs simply provide a range of sentences corresponding to the quantity of drugs based on the drug type. Sentencing Guidelines and other statutory factors. Page Last Reviewed or Updated: 03-Apr-2023, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Twenty-two individuals charged with drug trafficking in the municipalities of Sabana Grande, San Germn, Lajas, and Cabo Rojo, Puerto Rico. The United States Sentencing Commission unanimously voted to reduce sentencing guidelines for federal drug trafficking offenders in 2014. Since Hong Kong's guidelines are not differentiated by offender roles, only one curve exists. For example, a strictly proportional sentence with drug quantity and sentence length is captured in the graph in Figure 1b above. WebDRUG TRAFFICKING SENTENCING (G.S. Deterrence can be viewed through general and specific deterrence. Figure 3 is a plot of the linear function for Hong Kong's sentence starting point for cocaine and heroin. For instance, for cocaine and heroin, the largest slope is 0.248 months of sentence per gram of trafficked drug in England and Wales, while the largest slope in Hong Kong is 3.6 months of sentence per gram of trafficked drug, which is more than ten times greater. Guzman Loera was extradited to the United States in January 2017. 81 R v Lau Tak Ming and Ors (n 1) para 70. The difference between the two guidelines is especially more pronounced when acknowledging that Hong Kong's guidelines are for defendants of the lowest culpability. 57 See UK Sentencing Council, Offenses Taken into Consideration and Totality: Definitive Guideline (6 Mar 2012) accessed 16 Mar 2022. For instance, the Court of Appeal in R v Lau Tak Ming and Ors and HKSAR v Abdallah Anwar Abbas stipulated that the starting point of a sentence for trafficking heroin and cocaine ranges from 2 to 5 years imprisonment for weights up to 10 grams and increases to 26 and 30 years for large weights between 4 kilograms and 15 kilograms.Footnote 1. This is exhibited by the decreased steepness of the slopes as the weight progresses. The mere existence of these anomalies suggests that the category weight and sentence thresholds should receive closer inspection. Therefore, Hong Kong's courts are aware that accurately determining an offender's role is not always feasible. For example, in Hong Kong, each gram in 7 grams of ketamine would attract a sentence of approximately 2.7 months in addition to the minimum sentence length of the corresponding category. 53 Kirby, Amy & Jacobson, Jessica Public attitudes to the sentencing of drug offences (2013) 14 Criminology and Criminal Justice 334Google Scholar. He allegedly operated as the plaza boss for the Mexican city of Guamchil, Sinaloa, and in that role, he supervised at least 200 armed men and controlled the drug-trafficking activities in that city and the surrounding area. In R v Morris, the Court indicated that the drug weight for heroin and cocaine should be HSToday Q&A: Exploring Emergency Communications Month with CISA Executive Assistant Director Billy Bob Brown, Jr. USCIS Updates Guidance on Administrative Naturalization Ceremony Venues, Maryland Man Charged for Call Threatening to Cut Throats of LGBTQ Advocacy Group After Nashville Shooting, Human Smuggler Sent to Prison for Role in Deadly Hostage-Taking Scheme Following HSI Victoria-Led Investigation, PERSPECTIVE: Reasons for the United States to Be More Invested in Nagalim Self-Determination. However, the onus is placed on the judges to scrutinise each case for any additional signs of culpability. An official website of the United States Government. Commissioners are nominated by the President and confirmed by the Senate. Sentencing Guidelines and other statutory factors. Official websites use .gov According to the court in HKSAR v Thattephin Tanyamon. Subsequent rulings by the Court of Appeal have expanded the sentencing guidelines to include other types of drugs beyond heroin and cocaine, such as ketamine. 18 Fleetwood, Jennifer, Five kilos: Penalties and practice in the international cocaine trade (2011) 51 British Journal of Criminology 375CrossRefGoogle Scholar. In Hong Kong, drug trafficking is regulated through ordinances. For the smaller weight categories, the slope is steeper. The principle of proportionality reflects the idea that a punishment should be proportionate to the harm inflicted by the criminal act. This case is supported by the Organized Crime Drug Enforcement Task Force (OCDETF). Sentencing Guidelines. Enter terms & hit enter . Harsh sentences are considered necessary to serve as deterrence to drug trafficking.Footnote 3 The rationale behind this reasoning is the harmful effect of drug addiction suffered by drug users and the detrimental impact of drugs on the social fabric of the community.Footnote 4 This was a central issue concerning drug-related offences in the latter half of the 20th century.Footnote 5 The United Nations directed states to address the manufacturing, supply, and non-medical use of drugs.Footnote 6 States, including Britain, convened at the United States behest to establish (stricter) regulations on the humanitarian grounds for curbing drug abuse. The defendants had access to different vehicles which they used to transport money, narcotics, and firearms. As a result, the Hague Convention of 1912 and subsequent conventions were established with the common goal of bringing an end to illicit drug trade. 25 Harper, Rosalyn L, Harper, Gemma C & Stockdale, Janet E, The role and sentencing of women in drug trafficking crime (2002) 7 Legal and Criminological Psychology 101CrossRefGoogle Scholar. "Reader-Friendly" Version of the Proposed Amendments to the Sentencing Guidelines, Federal Register Notice of Proposed 2001 Amendments to the Sentencing Guidelines and Request for Public Comment; Notice of Public Hearing, Federal Register Notice of Emergency 2000 Methamphetamine Amendment, "Reader-Friendly" Version of the 2000 Guideline Amendments Sent to Congress, Federal Register Notice and Request for Public Comment, 1997 Report to the Congress: Cocaine and Federal Sentencing Policy, Survey: Public Perceptions and the Federal Sentencing Guidelines, Promulgation of Emergency Amendment; Notice of Proposed Amendments - Part II, 1995 Report to the Congress: Cocaine and Federal Sentencing Policy, Policy Profile: The Fair Sentencing Act of 2010, The Commission promulgates guidelines that judges consult when sentencing federal offenders. This category's minimum and maximum sentences are 24 months and 60 months, respectively. 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Share sensitive information only on official, secure websites. Instead, the Hong Kong courts treat each defendant at the lowest level of culpability unless presented with additional evidence. Existing literature tend to focus on the issue of proportionality as it relates to the roles and culpability of offenders. However, the difference between the slopes of the smallest and largest drug weight categories is substantially greater in Hong Kong than in England and Wales. In Hong Kong, drug types are viewed independently and may have overlapping sentencing guidelines, such as cocaine and heroin. This Court [does] not have evidence to show that the applicant was the main instigator of the drug trafficking or was a repeat offender. The seriousness of an offence is ascertained by the harm and culpability of the offender. 
Sentencing Guidelines in Hong Kong for Heroin and Cocaine, The tariffs simply provide a range of sentences corresponding to the quantity of drugs based on the drug type. Sentencing Guidelines and other statutory factors. Page Last Reviewed or Updated: 03-Apr-2023, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Twenty-two individuals charged with drug trafficking in the municipalities of Sabana Grande, San Germn, Lajas, and Cabo Rojo, Puerto Rico. The United States Sentencing Commission unanimously voted to reduce sentencing guidelines for federal drug trafficking offenders in 2014. Since Hong Kong's guidelines are not differentiated by offender roles, only one curve exists. For example, a strictly proportional sentence with drug quantity and sentence length is captured in the graph in Figure 1b above. WebDRUG TRAFFICKING SENTENCING (G.S. Deterrence can be viewed through general and specific deterrence. Figure 3 is a plot of the linear function for Hong Kong's sentence starting point for cocaine and heroin. For instance, for cocaine and heroin, the largest slope is 0.248 months of sentence per gram of trafficked drug in England and Wales, while the largest slope in Hong Kong is 3.6 months of sentence per gram of trafficked drug, which is more than ten times greater. Guzman Loera was extradited to the United States in January 2017. 81 R v Lau Tak Ming and Ors (n 1) para 70. The difference between the two guidelines is especially more pronounced when acknowledging that Hong Kong's guidelines are for defendants of the lowest culpability. 57 See UK Sentencing Council, Offenses Taken into Consideration and Totality: Definitive Guideline (6 Mar 2012)