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Hong Kong Case Law

Use of stupefying substance
  • 20 Jan 2017

    SECRETARY FOR JUSTICE v. WAN HOI MING

    Citation
    SECRETARY FOR JUSTICE v. WAN HOI MING
    Court
    Court of Appeal
    Case number
    CAAR2/2016

    The Court allowed the Secretary for Justice’s review of sentence, holding the original sentence of 3 years was unduly lenient because the judge understated culpability by failing to reflect the aggravating factors (use of thinner as a stupefying agent, element of planning/premeditation and sustained violence). The appropriate starting point was 10 years, a one-third discount for plea yields 6 years 8 months, and a further 6-month reduction was justified because the respondent had already been discharged and the increase was substantial; substituted sentence 6 years 2 months imprisonment.