10 Mar 2026
律政司司長 訴 彭偉健
- Citation
- [2026] HKCA 408
- Court
- Court of Appeal
- Case number
- CAAR3/2025
The Court held the trial judge erred in principle by under‑estimating the real risk of distribution from the defendant's pattern of possession and conduct; the 12‑month benchmark should have been uplifted by six months for distribution risk and, after allowing one‑third reduction for plea and a customary further three‑month adjustment on review, the appropriate sentence is nine months immediate imprisonment; the Secretary for Justice's review application is allowed and the original sentence set aside and replaced accordingly.