Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Latent risk (risk of dissemination)

Legal area

Court

12 Oct 2018

HKSAR v. WONG WAI WAH

Citation

[2018] HKCA 671
Court

Court of Appeal
Case number

CACC181/2017

On reassessment the Court of Appeal found a real latent risk of medium degree based on quantity (12.5g), appellant's addiction history, unstable employment, recent release from custody and prior trafficking conviction; a 9‑month enhancement to an 18‑month starting point was appropriate and the sentence (discounted to 18 months after mitigation) was affirmed; the judge's factual error about time did not change the outcome.
3 May 2018

HKSAR v. WONG WAI WAH

Citation

[2018] HKCA 254
Court

Court of Appeal
Case number

CACC181/2017

Leave to appeal was granted because the sentencing judge's assessment of latent risk and the extent of the enhancement were potentially affected by a material factual error (misstating the arrest time as 9pm instead of 9am), such that the applicant should be permitted to have the point argued on appeal; an appeal aid certificate was issued to facilitate that appeal.