HKSAR v. OBI COSMAS NONSO (aka DOLO SAYDOU) AND ANOTHER

HKSAR v. OBI COSMAS NONSO (aka DOLO SAYDOU) AND ANOTHER

On the evidence the court accepted the police witnesses as credible, rejected the defendants' accounts as inherently improbable, and held beyond reasonable doubt that both defendants were aware of and jointly trafficked in the total quantities of drugs seized from the Room; that finding forms the basis for sentencing.

Citation
[2024] HKCFI 1448
Parties
Prosecution: HKSAR; First Defendant: Obi Cosmas Nonso (also known as Dolo Saydou); Second Defendant: Bah Amadou
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 May 2024
Case Number
HCCC93/2022
Procedural Posture
Criminal Trafficking in Dangerous Drugs / Newton Hearing (pre Sentencing)
Outcome
Newton Hearing ruling: prosecution case proven; both defendants found to have jointly trafficked in the whole quantities of drugs seized; matter to be sentenced
Legal Topics
Newton Hearing, Joint Enterprise, Guilty Plea, Possession, Search and Seizure, Witness Credibility, Exhibit Handling
Source Language
EN
Criminal Law Drug Offences Evidence Law Newton Hearing Joint Enterprise Guilty Plea Possession Search and Seizure +2 more

Case Brief

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Parties

HKSAR

Prosecution

Obi Cosmas Nonso (also known as Dolo Saydou)

First Defendant

Bah Amadou

Second Defendant

Procedural Posture

Criminal Trafficking in Dangerous Drugs / Newton Hearing (pre Sentencing)

Legal Issues

  1. 1 Whether both defendants were jointly trafficking in the entire quantity of drugs found in the Room or each responsible only for part
  2. 2 Whether the defendants' accounts were credible and could create reasonable doubt
  3. 3 Whether the prosecution proved joint enterprise and awareness of the whole lot of drugs beyond reasonable doubt

Ratio Decidendi

On the evidence the court accepted the police witnesses as credible, rejected the defendants' accounts as inherently improbable, and held beyond reasonable doubt that both defendants were aware of and jointly trafficked in the total quantities of drugs seized from the Room; that finding forms the basis for sentencing.

Court Disposition

Newton Hearing ruling: prosecution case proven; both defendants found to have jointly trafficked in the whole quantities of drugs seized; matter to be sentenced

Orders

  • Ruling on Newton Hearing delivered 15 November 2023; detailed reasons published 31 May 2024
  • Proceed to sentence both defendants on basis that they jointly trafficked in the total quantities of drugs seized