香港特別行政區 訴 楊清權

香港特別行政區 訴 楊清權

Magistrate erred in treating the gross weight of mixed crystalline material as the weight of pure methamphetamine and failed to apply the Waqas principle. Considering the actual circumstances and precedents, a 7-month starting point was appropriate, uplifted by 2 months for recidivism and reduced by one-third for...

Source-derived case information.

Citation
[2025] HKCFI 6430
Parties
Respondent: 香港特別行政區; Appellant: 楊清權
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2025
Case Number
HCMA348/2025
Procedural Posture
Criminal Sentencing Appeal / Judgment
Outcome
Appeal allowed in part; original sentence reduced.
Legal Topics
Possession of Dangerous Drugs, Drug Weight Quantification, Recidivism, Guilty Plea Reduction, Rehabilitation
Source Language
ch
Criminal Law Narcotics Law Sentencing Law Possession of Dangerous Drugs Drug Weight Quantification Recidivism Guilty Plea Reduction Rehabilitation

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Summary, issues, holding and outcome

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Parties

香港特別行政區

Respondent

楊清權

Appellant

Procedural Posture

Criminal Sentencing Appeal / Judgment

  1. 1 whether the magistrate treated gross weight of a mixture as pure drug weight when fixing sentence
  2. 2 appropriate starting point for possession of small quantity of dangerous drugs
  3. 3 application of Waqas principle when charge does not specify pure drug weight

Ratio Decidendi

Magistrate erred in treating the gross weight of mixed crystalline material as the weight of pure methamphetamine and failed to apply the Waqas principle. Considering the actual circumstances and precedents, a 7-month starting point was appropriate, uplifted by 2 months for recidivism and reduced by one-third for early plea, resulting in a 6-month custodial sentence.

Court Disposition

Appeal allowed in part; original sentence reduced.

Orders

  • Original sentence of 8 months' imprisonment reduced to 6 months' imprisonment