香港特別行政區 訴 曾國財

香港特別行政區 訴 曾國財

Bail pending appeal was refused because the applicant failed to demonstrate a reasonably arguable appeal or disclose material grounds at trial (his assertion about other drivers and keys was newly raised), the sentence was substantial and unlikely to be served on appeal, and personal/family circumstances did not...

Source-derived case information.

Citation
[2019] HKCA 1153
Parties
Respondent: 香港特別行政區; Applicant: 曾國財
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 October 2019
Case Number
CACC227/2019
Procedural Posture
Criminal Appeal (conviction and Sentence) / Application for Leave to Appeal and Bail Pending Appeal
Outcome
bail pending appeal refused
Legal Topics
Importation of Unmanifested Goods, Knowledge/possession, Evidential Burden, Leave to Appeal, Bail Pending Appeal, Sentencing
Source Language
ch
Criminal Law Customs and Excise Bail Appeal Importation of Unmanifested Goods Knowledge/possession Evidential Burden Leave to Appeal +2 more

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Parties

香港特別行政區

Respondent

曾國財

Applicant

Procedural Posture

Criminal Appeal (conviction and Sentence) / Application for Leave to Appeal and Bail Pending Appeal

  1. 1 Whether there are arguable grounds to grant leave to appeal against conviction for importing unmanifested goods under Import and Export Ordinance s18(1)(a)
  2. 2 Whether the appellant's late assertion of other registered drivers and multiple keys undermines the safety of the conviction
  3. 3 Whether bail pending appeal should be granted given the absence of a prima facie meritorious appeal and the sentence to be served

Ratio Decidendi

Bail pending appeal was refused because the applicant failed to demonstrate a reasonably arguable appeal or disclose material grounds at trial (his assertion about other drivers and keys was newly raised), the sentence was substantial and unlikely to be served on appeal, and personal/family circumstances did not amount to sufficient grounds for interim release.

Court Disposition

bail pending appeal refused

Orders

  • Application for bail pending appeal refused