HKSAR v. IRUMAH IBE BEN

HKSAR v. IRUMAH IBE BEN

The court found a prima facie connection between the US$3,250 and the defendant's drug trafficking: the defendant was in financial difficulties, participated as a drug courier for reward, his account of the cash provenance was not credible, and on the balance of probabilities the money was used in or resulted from the drug trafficking; accordingly the sum was forfeitable under both limbs of s56(1) and ordered forfeited to the Government.

Citation
HKSAR v. IRUMAH IBE BEN
Parties
Applicant/prosecution: HKSAR; Defendant/respondent: IRUMAH Ibe Ben
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2016
Case Number
HCCC155/2016
Procedural Posture
Criminal Forfeiture / Forfeiture Application Post Sentencing Following Guilty Plea and Sentence Pronouncement
Outcome
Forfeiture order made: monies forfeited to the Government
Legal Topics
Dangerous Drugs Ordinance S56, Drug Trafficking, Forfeiture Procedure, Burden of Proof
Source Language
EN
Criminal Law Forfeiture Drugs Law Dangerous Drugs Ordinance S56 Drug Trafficking Forfeiture Procedure Burden of Proof

Case Brief

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Parties

HKSAR

Applicant/prosecution

IRUMAH Ibe Ben

Defendant/respondent

Procedural Posture

Criminal Forfeiture / Forfeiture Application Post Sentencing Following Guilty Plea and Sentence Pronouncement

Legal Issues

  1. 1 Whether US$3,250 was used in the commission of or in connection with the drug trafficking offence or was received or possessed as a result or product of that offence under s56(1) Cap 134
  2. 2 Whether the prosecution had established a prima facie case on the balance of probabilities such that the burden shifted to the defendant
  3. 3 Credibility of the defendant's account of the provenance of the cash

Ratio Decidendi

The court found a prima facie connection between the US$3,250 and the defendant's drug trafficking: the defendant was in financial difficulties, participated as a drug courier for reward, his account of the cash provenance was not credible, and on the balance of probabilities the money was used in or resulted from the drug trafficking; accordingly the sum was forfeitable under both limbs of s56(1) and ordered forfeited to the Government.

Court Disposition

Forfeiture order made: monies forfeited to the Government

Orders

  • Forfeiture of US$3,250 to the Government