香港特別行政區 訴 梁志文

香港特別行政區 訴 梁志文

Because defence did not object to admission of the utterance at trial and in fact relied on it to attack police credibility, and because the trial judge gave comprehensive, balanced directions explaining that the utterance could relate either to the pocket drug or the large bag and required the jury to be satisfied...

Source-derived case information.

Citation
[2020] HKCA 775
Parties
Respondent: 香港特別行政區 (Hong Kong Special Administrative Region); Applicant: 梁志文 (Leung Chi Man)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 September 2020
Case Number
CACC277/2017
Procedural Posture
Criminal Appeal — Conviction / Renewed Application for Leave to Appeal Against Conviction
Outcome
Renewed application for leave to appeal against conviction refused; conviction for trafficking affirmed
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Admissibility of Statements, Jury Directions, Flight and Consciousness of Guilt
Source Language
ch
Criminal Law Evidence Narcotics/drugs Appeal Procedure Drug Trafficking Possession of Dangerous Drugs Admissibility of Statements Jury Directions +1 more

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Parties

香港特別行政區 (Hong Kong Special Administrative Region)

Respondent

梁志文 (Leung Chi Man)

Applicant

Procedural Posture

Criminal Appeal — Conviction / Renewed Application for Leave to Appeal Against Conviction

  1. 1 Admissibility and probative value of defendant's utterance at arrest ("唔跑,畀你拉到有排受")
  2. 2 Whether the trial judge misdirected jury concerning flight/struggle evidence
  3. 3 Whether the trial judge misdirected jury concerning cash and electronic devices found on defendant

Ratio Decidendi

Because defence did not object to admission of the utterance at trial and in fact relied on it to attack police credibility, and because the trial judge gave comprehensive, balanced directions explaining that the utterance could relate either to the pocket drug or the large bag and required the jury to be satisfied as to its reference and truth before using it, the admission and consideration of the utterance, and the leaving of flight/struggle and cash evidence to the jury, were proper; the jury could reasonably infer the utterance related to the large quantity and the conviction is safe.

Court Disposition

Renewed application for leave to appeal against conviction refused; conviction for trafficking affirmed

Orders

  • Renewed application for leave to appeal dismissed
  • Conviction for trafficking (first count) and possession (second count) remain undisturbed