While I was searching Lawnet for death penalty cases last December (preliminary statistics here), I also happened upon certain cases involving (to put it mildly) an interesting use of the Public Prosecutor’s discretion as regards the Misuse of Drugs Act.
Before this, I’d only known through hearsay that the prosecution occasionally presses a non-capital charge against a drug trafficker even though the actual quantity involved would have attracted the mandatory death penalty. (Alex Au mentions this practice in his article, in the second blurb in the right column.) So, even if the accused was found with 30g of heroin, he is charged with trafficking “not less than 14.99g”.
Of course, the prosecutorial discretion may be exercised in other ways to avoid the mandatory death penalty. For example, by pressing a charge of possession instead. Indeed, that’s been done sometimes. But this may potentially result in a manifestly inadequate penalty — even though the maximum sentence of 10 years’ jail for possession of a controlled drug is itself nothing to scoff at.
Continue reading ‘The Death Penalty and the “14.99g” Charge’

