22 Aug 2019
HKSAR v. MUHAMMAD WAQAS
- Citation
- [2019] HKCA 937
- Court
- Court of Appeal
- Case number
- CACC272/2017
The Court allowed the appeal in part: it upheld the 3-year starting point for theft but adjusted multiple individual sentences to reflect true culpability, substituted non-custodial or reduced sentences for careless driving and failure to stop/report, and held that where the DPP's practice means the narcotic content is not quantified for seizures under 1g the prosecution must adduce evidence (direct or inferred) to justify application of Mok Cho Tik; absent such material the offender must be sentenced on the basis that the narcotic may be insufficient to be measured or used, warranting a much…