20 Jan 2023
HKSAR v. DANG HUNG NGOC
- Citation
- [2023] HKCA 103
- Court
- Court of Appeal
- Case number
- CACC217/2019
Appeals dismissed; (1) partially consecutive sentences were permissible because trafficking and cultivation were distinct offences generating additional culpability; (2) scientific evidence demonstrates substantial increase in THC potency such that herbal cannabis and cannabis resin should be treated similarly for sentencing purposes; (3) sentencing guidelines revised: trafficking bands expanded upward and cultivation sentencing to be based on estimated annual yield with specified bands; trial judge's starting points and discounts were within lawful range and sentences are upheld.