香港特別行政區 訴 曾國財

香港特別行政區 訴 曾國財

Given the vehicle's ownership connections, the applicant's repeated control and use of the vehicle, the high value and highly concealed nature of the gold and absence of evidence of any other person having access, the only reasonable inference was that the applicant knew of the gold; therefore the statutory...

Source-derived case information.

Citation
[2020] HKCA 241
Parties
Respondent: 香港特別行政區; Applicant: 曾國財
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 April 2020
Case Number
CACC227/2019
Procedural Posture
Leave to Appeal Against Conviction and Sentence (criminal) / Leave Application Heard and Refused (late Sentence Appeal Filing Permitted)
Outcome
Application for leave to appeal against conviction and sentence refused; late filing for sentence appeal permitted but substantive sentence appeal refused
Legal Topics
Unlawful Importation, Statutory Defence S18(2) Import and Export Ordinance, Knowledge and Possession, Sentencing Principles, Leave to Appeal
Source Language
ch
Criminal Law Customs and Import Regulation Procedural Law Unlawful Importation Statutory Defence S18(2) Import and Export Ordinance Knowledge and Possession Sentencing Principles Leave to Appeal

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Parties

香港特別行政區

Respondent

曾國財

Applicant

Procedural Posture

Leave to Appeal Against Conviction and Sentence (criminal) / Leave Application Heard and Refused (late Sentence Appeal Filing Permitted)

  1. 1 Whether the applicant knew of and controlled the concealed gold such that the prosecution proved knowledge beyond reasonable doubt
  2. 2 Whether the applicant could avail himself of the statutory exemption in Import and Export Ordinance s18(2) by showing lack of knowledge despite control of the vehicle
  3. 3 Whether the evidential inference of knowledge was irresistible given the environmental and circumstantial evidence

Ratio Decidendi

Given the vehicle's ownership connections, the applicant's repeated control and use of the vehicle, the high value and highly concealed nature of the gold and absence of evidence of any other person having access, the only reasonable inference was that the applicant knew of the gold; therefore the statutory exemption under s18(2) did not apply and the conviction was safe. The sentence was within established sentencing benchmarks and not manifestly excessive.

Court Disposition

Application for leave to appeal against conviction and sentence refused; late filing for sentence appeal permitted but substantive sentence appeal refused

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused