9 Mar 1999
There was insufficient evidence to adopt the ecstasy (MDMA) guidelines for MBDB given paucity of material about MBDB's effects and differences suggested; however, having regard to quantity, use of young adults and organisation, the eight year sentence was not manifestly excessive; entrapment was not established; leave to appeal against sentence was refused.
26 May 1998
The Court held that HK should not simply adopt UK class-based sentencing for ecstasy; sentencing must be set by reference to the drug's properties and harm. The Court formulated specific weight-based guidelines for MDMA/MDEA (up to 25g: within discretion; 25-400g: 2-4 years; 400-800g: 4-8 years; over 800g: 8 years and upwards), allowed an uplift for importation or manufacture, found the judge erred in applying heroin guidelines and that the original sentence was manifestly excessive, and substituted a sentence of 5 years imprisonment for the offence involving about 733 grams.