15 Apr 1999
HKSAR v. CHEW SIK POK
- Citation
- HKSAR v. CHEW SIK POK
- Court
- Court of Appeal
- Case number
- CACC502/1998
The summing-up contained a materially confusing and inadequate direction (notably as to the use of the cautioned statement and failure to identify and emphasise the cogent evidence supporting the defence) such that the conviction for trafficking was unsafe and must be quashed; however the evidence admitted possession of the drug and supported substitution to a conviction for simple possession, for which an appropriate sentence (16 months) was imposed after applying baseline and latent-risk sentencing principles.