HKSAR v. TSUI LEE YING

HKSAR v. TSUI LEE YING

Refusal to admit the proposed fresh evidence because the new defence lacked necessary credibility and the appellant failed to explain why it was not run at trial; telephone records and PW1's evidence when interpreted with call diversion did not raise reasonable doubt; magistrate's credibility findings were reliable; appeal against conviction and sentence dismissed.

Citation
HKSAR v. TSUI LEE YING
Parties
Appellant/accused: Tsui Lee-ying; Respondent/prosecution: Department of Justice (Respondent)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 2008
Case Number
HCMA273/2006
Procedural Posture
Criminal Appeal Against Conviction and Sentence Under Dutiable Commodities Ordinance / Appeal Judgment
Outcome
Appeal dismissed as to conviction; appeal against sentence dismissed (leave to appeal against sentence out of time technically given but bound to fail)
Legal Topics
Fresh Evidence, Credibility Assessment, Possession and Dealing of Dutiable Goods, Telephone Records and Call Diversion, Sentence Review
Source Language
EN
Criminal Law Customs and Excise Evidence Procedural Law Fresh Evidence Credibility Assessment Possession and Dealing of Dutiable Goods Telephone Records and Call Diversion +1 more

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Parties

Tsui Lee-ying

Appellant/accused

Department of Justice (Respondent)

Respondent/prosecution

Procedural Posture

Criminal Appeal Against Conviction and Sentence Under Dutiable Commodities Ordinance / Appeal Judgment

Legal Issues

  1. 1 Whether fresh evidence application should be allowed
  2. 2 Whether magistrate's findings on credibility were safe
  3. 3 Whether telephone records created a reasonable doubt given call diversion explanation

Ratio Decidendi

Refusal to admit the proposed fresh evidence because the new defence lacked necessary credibility and the appellant failed to explain why it was not run at trial; telephone records and PW1's evidence when interpreted with call diversion did not raise reasonable doubt; magistrate's credibility findings were reliable; appeal against conviction and sentence dismissed.

Court Disposition

Appeal dismissed as to conviction; appeal against sentence dismissed (leave to appeal against sentence out of time technically given but bound to fail)

Orders

  • Appeal against conviction dismissed.
  • Appeal against sentence dismissed.