13 Aug 1996
R. v. LI MING YIU
- Citation
- R. v. LI MING YIU
- Court
- Court of First Instance
- Case number
- HCMA834/1996
The magistrate's method of reducing starting terms for totality was incorrect; having assessed aggravating and mitigating factors and the emerging evidence that midazolam misuse is increasing and often accompanies heroin use, the appropriate sentence for possession of 37 mg midazolam is three months imprisonment, to run consecutively to the one month theft sentence; magistrates may have regard to evolving evidence even in absence of Court of Appeal guidelines but may use methaqualone bands as a reference pending appellate guidance.