Read the full judgment text of HCMA 000535/2001 on BabelCite. This High Court CFI judgment was delivered on 3 August 2001 before Lugar-Mawson, J.
Criminal law – dangerous drugs – trafficking in herbal cannabis – sentencing – magistrates appeal – whether sentence manifestly excessive – small quantity of 0.24 grammes in two roll-up cigarettes – sale to undercover police officer in discotheque catering for young people – tariff under Attorney-General v Tuen Shui Ming & Another [1995] 2 HKCLR 129 – cannabis resin approximately four times stronger than herbal cannabis – benchmark tariff of about 4 months for trafficking in under 2,000 grammes of herbal cannabis – starting point 3 months' imprisonment – one-third discount for guilty plea – final sentence 2 months' imprisonment – within tariff and Magistrate's discretion – disparity argument with co-defendants rejected – first co-defendant convicted only of simple possession not trafficking – second co-defendant subject to totality principle across five trafficking charges and two other charges – two prior convictions for possession of dangerous drugs – commercial sale in venue where impressionable young people congregate – policy not to go soft on cannabis offences in either herbal or resin form – appeal dismissed.
Legal issues: Whether sentence was manifestly excessive for trafficking in small quantity of herbal cannabis · Whether there was unjustified sentencing disparity with co-defendants
Outcome: Appeal against sentence dismissed.
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