30 Nov 2021
HKSAR v. KO WAI SHING
- Citation
- [2021] HKCA 1803
- Court
- Court of Appeal
- Case number
- CACC7/2020
Convictions for possession (Charges 2 and 3) were unsafe where the judge relied solely on knowledge and cohabitation without proof of control or steps to promote joint possession, and sentencing for trafficking in GBL must follow tailored guidelines (using methaqualone/GHB as analytic base with modest adjustment for GBL) while not imposing an automatic international-element enhancement where importation by post appears for personal use; accordingly convictions on Charges 2 and 3 were quashed and the appellant's sentence reduced and adjusted.