香港特別行政區 訴 李再榮

香港特別行政區 訴 李再榮

Leave to appeal against conviction was granted because the single judge concluded the trial judge may have inadequately considered the co‑accused’s motive to lie and there were arguable errors in the trial judge’s reliance on the applicant’s uncautioned remark and in the overall evaluation of credibility, creating...

Source-derived case information.

Citation
[2021] HKCA 985
Parties
Respondent: 香港特別行政區; Applicant: 李再榮 (LEE TZOI WING also known as LEE TSOI WING)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 July 2021
Case Number
CACC154/2020
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
leave to appeal against conviction granted
Legal Topics
Possession With Intent to Supply, Admissibility of Admissions, Witness Credibility, Inferential Reasoning, Leave to Appeal
Source Language
ch
Criminal Law Drug Offences Evidence Possession With Intent to Supply Admissibility of Admissions Witness Credibility Inferential Reasoning Leave to Appeal

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Parties

香港特別行政區

Respondent

李再榮 (LEE TZOI WING also known as LEE TSOI WING)

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

  1. 1 Whether the applicant was properly inferred to have placed the drugs in co-accused's bag
  2. 2 Whether the applicant's uncautioned remark constituted an admissible admission
  3. 3 Whether the trial judge properly assessed the credibility of the co-accused given possible motive to lie

Ratio Decidendi

Leave to appeal against conviction was granted because the single judge concluded the trial judge may have inadequately considered the co‑accused’s motive to lie and there were arguable errors in the trial judge’s reliance on the applicant’s uncautioned remark and in the overall evaluation of credibility, creating an arguable basis for appellate review.

Court Disposition

leave to appeal against conviction granted

Orders

  • Leave to appeal against conviction granted
  • Appeal to be heard by the Court of Appeal (full court)