5 Jun 2012
香港特別行政區 訴 尹家盛
- Citation
- 香港特別行政區 訴 尹家盛
- Court
- Court of First Instance
- Case number
- HCMA7/2012
The conviction for trafficking was unsafe because there was no evidential basis to infer the appellant had gifted or transferred the two packages to the passenger who was unaware of them; control remained with the appellant and the placement was consistent with concealment rather than distribution. Consequently the trafficking conviction was quashed and substituted with conviction for possession. For sentencing the court fixed a guideline of 15 months and applied a one‑third discount for the appellant's immediate acceptance, resulting in a 10‑month imprisonment term; the S54A report was obtai…