HKSAR v. TSANG YIK SANG

HKSAR v. TSANG YIK SANG

The court exercised its discretion to permit withdrawal of the admissions as to the drug quantities because material discrepancies in recorded weights, failures in expected police weighing procedure before sealing, and a short unexplained custody interval undermined the reliability of the admitted weights; the Newton hearing must determine the proven narcotic weights and sentencing must follow the weights established at that hearing.

Citation
[2020] HKCFI 1066
Parties
Accused: Tsang Yik Sang; Prosecution: The Prosecution; Judge: Bruce SC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2020
Case Number
HCCC225/2018
Procedural Posture
Criminal Trafficking in Dangerous Drugs / Newton Hearing and Sentence
Outcome
Court granted leave to challenge and not to be bound by the admitted quantities for the two drugs pending Newton hearing findings; directed that sentencing proceed upon the weights established at the Newton hearing.
Legal Topics
Newton Hearing, Withdrawal of Admissions, Chain of Custody, Weight of Narcotics, Committal Proceedings Admissions
Source Language
EN
Drug Law Criminal Procedure Evidence Sentencing Law Newton Hearing Withdrawal of Admissions Chain of Custody Weight of Narcotics +1 more

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Parties

Tsang Yik Sang

Accused

The Prosecution

Prosecution

Bruce SC

Judge

Procedural Posture

Criminal Trafficking in Dangerous Drugs / Newton Hearing and Sentence

Legal Issues

  1. 1 Whether admissions of drug quantities made at committal proceedings are binding for sentence
  2. 2 Whether leave should be granted to withdraw admissions of drug weights
  3. 3 Whether discrepancies in weighing and gaps in custody undermine reliability of admitted weights

Ratio Decidendi

The court exercised its discretion to permit withdrawal of the admissions as to the drug quantities because material discrepancies in recorded weights, failures in expected police weighing procedure before sealing, and a short unexplained custody interval undermined the reliability of the admitted weights; the Newton hearing must determine the proven narcotic weights and sentencing must follow the weights established at that hearing.

Court Disposition

Court granted leave to challenge and not to be bound by the admitted quantities for the two drugs pending Newton hearing findings; directed that sentencing proceed upon the weights established at the Newton hearing.

Orders

  • Leave granted to withdraw admissions as to the quantities of methamphetamine hydrochloride and heroin hydrochloride
  • Newton hearing to determine the correct narcotic weights of the methamphetamine hydrochloride and heroin hydrochloride