Barrister-at-Law
Drug possession is a serious crime. In sentencing a drug user, the court follows a 3 steps approach which takes into account the latent risk of the drugs finding their way to others. Such a factor can substantially lengthen the term of imprisonment.
In a record-breaking drug bust, a man received the lengthiest sentence in Hong Kong history. On appeal, the court reviewed the sentencing principles of substantial quantities of drugs and clarified how the 6-step in Herry Jane Yusuph should be applied.
The Court of Appeal summarised decades of Hong Kong’s experience in the fight against dangerous drugs and clarified how traffickers are sentenced.
Trafficking in herbal cannabis used to be seen as less serious than its resin, resulting in a shorter term of imprisonment. This is no longer the case.
The Court of Appeal recently laid down a sentencing guideline for trafficking in GHB and GHL – common date rape drugs.
