A judge who wanted to give a teenage drug trafficker a 'short, sharp shock' had no power to send him to a detention centre, the Court of Appeal ruled yesterday.
The case was brought back to court by the prosecution, which argued that Kong Kin-man, 18, should have been sent to prison for five years.
Grenville Cross QC, for the Crown, argued that a prison sentence was necessary to deter other drug dealers.
Appeal judges agreed that Judge Steven Bailey had not been entitled to send the youth to a detention centre when faced with a report from the Commissioner of Correctional Services which said he was unsuitable.
But Mr Justice Henry Litton refused to send Kong to jail because the case was 'exceptional' and he would benefit from rehabilitation.
The detention centre order was set aside and Kong was ordered to go to a training centre.
