22 Oct 2018
HKSAR v. WONG PUI WO KENNY
- Citation
- [2018] HKCA 718
- Court
- Court of Appeal
- Case number
- CACC146/2017
Paragraph 8 of the Admitted Facts, which estimated market value using average retail price per gram without regard to the unusually low purity of the sample, was inaccurate and materially influenced the trial judge’s inference of trafficking; because the prosecution failed to disclose relevant purity/price information, the conviction for trafficking was unsafe and must be quashed; substitution to a possession conviction under s83A CPO was appropriate and the appellant was sentenced for possession, with a non‑custodial fine imposed due to exceptional circumstances created by the mandatory DATC…