香港特別行政區 訴 杜銓珀

香港特別行政區 訴 杜銓珀

The trial judge did not err in the special hearing and properly found the admissions to be voluntary; having considered packaging, quantity, value and the applicant's explanations (and his failure to testify or call witnesses), the only irresistible inference from the totality of admissible evidence was that the...

Source-derived case information.

Citation
[2020] HKCA 120
Parties
Respondent: 香港特別行政區; Applicant: 杜銓珀 (TO CHUEN PAK)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 January 2020
Case Number
CACC43/2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Admissibility of Confession, Special Hearing/voir Dire, Sufficiency of Evidence, Inference of Trafficking
Source Language
ch
Criminal Law Evidence Drugs Law Appellate Procedure Admissibility of Confession Special Hearing/voir Dire Sufficiency of Evidence Inference of Trafficking

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Parties

香港特別行政區

Respondent

杜銓珀 (TO CHUEN PAK)

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

  1. 1 Whether the trial judge erred in the special hearing by determining the truth of the applicant's confession rather than only its voluntariness
  2. 2 Whether the prosecution's evidence was sufficient to support an irresistible inference that the applicant possessed the drugs for trafficking rather than personal use

Ratio Decidendi

The trial judge did not err in the special hearing and properly found the admissions to be voluntary; having considered packaging, quantity, value and the applicant's explanations (and his failure to testify or call witnesses), the only irresistible inference from the totality of admissible evidence was that the drugs were possessed for trafficking, so leave to appeal against conviction is refused.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Application for leave to appeal against conviction refused
  • Conviction stands