19 Nov 2014
HKSAR v. CHOI YIU CHO
- Citation
- HKSAR v. CHOI YIU CHO
- Court
- Court of Appeal
- Case number
- CACC158/2014
The judge erred by effectively enhancing the sentence for possession (Charge 2) on the basis of latent risk of distribution without forewarning defence counsel; on rehearing the latent risk must be disregarded and, treating the matter as possession simpliciter, the appropriate approach to starting point and concurrency yields substitution of the concurrency order so that Charge 2 bears 3 months consecutive, resulting in a reduced total sentence.