Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S23 criminal procedure ordinance
  • 16 May 2017

    HKSAR v. GURUNG LAXMAN

    Citation
    HKSAR v. GURUNG LAXMAN
    Court
    Court of Appeal
    Case number
    CACC385/2015

    The Court upheld the judge’s inference that the two small packets (0.60g "Ice") were possessed for trafficking but found the inference insufficiently compelling as to the larger packet (6.49g). Exercising its power under s.23 Cap 221, the Court amended the charge sheet to convict the appellant of trafficking in 0.60g and of unlawful possession of 6.49g, and substituted sentences (3 years for trafficking; 18 months for possession with 12 months consecutive), producing a total effective sentence of 4 years, thereby dismissing the conviction challenge in part and allowing the sentence appeal in…