20 Jan 2023
HKSAR v. NGUYEN THANG LOI
- Citation
- [2023] HKCA 103
- Court
- Court of Appeal
- Case number
- CACC145/2019
The Court dismissed the appeals, holding (1) partly consecutive sentences were permissible where distinct offences (cultivation and trafficking) exist and did not constitute impermissible double counting; (2) scientific evidence shows herbal cannabis and resin now have similar average THC levels, warranting revised sentencing bands; (3) sentencing for cultivation should continue to be based on estimated annual yield with courts adjusting within bands for role, scale, THC levels and other aggravating/mitigating factors; and (4) the proposed revised tariffs and cultivation bands set out by the…