1 Sept 1993
THE QUEEN v. WAN SIU KEI
- Citation
- THE QUEEN v. WAN SIU KEI
- Court
- Court of Appeal
- Case number
- CACC486/1992
The court held that in applying Article 12(1) the sentencing court must look to the substance of the offender's conduct and the surrounding circumstances rather than be confined solely to the wording of the indictment; where the post‑committal law creates a lighter penalty for a lesser substantive offence the offender benefits, but if the evidence shows the offender's conduct corresponds to the more serious category under the new law (possession with intent) the lighter penalty does not apply.