香港特別行政區 訴 趙國樑

香港特別行政區 訴 趙國樑

The Court held the jury's guilty verdict was safe: the prosecution evidence afforded a proper basis to infer the applicant knew the bag contained drugs when he received it; the fresh psychiatric records did not show impairment at the material time and were irrelevant to undermine the conviction; the trial judge...

Source-derived case information.

Citation
[2020] HKCA 1033
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Chiu Kwok Leung (趙國樑)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 December 2020
Case Number
CACC141/2018
Procedural Posture
Renewal of Leave to Appeal Against Conviction and Sentence / Court of Appeal Hearing on Renewed Leave Application and Determination of Conviction and Sentence Appeals
Outcome
Renewed applications for leave to appeal against conviction and sentence dismissed; conviction and sentence affirmed
Legal Topics
Trafficking in Controlled Drugs, Knowledge of Possession, Fresh Evidence Application, Jury Directions, Sentencing Guidelines
Source Language
ch
Criminal Law Appellate Procedure Drugs Offences Trafficking in Controlled Drugs Knowledge of Possession Fresh Evidence Application Jury Directions Sentencing Guidelines

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Parties

Hong Kong Special Administrative Region

Respondent

Chiu Kwok Leung (趙國樑)

Applicant

Procedural Posture

Renewal of Leave to Appeal Against Conviction and Sentence / Court of Appeal Hearing on Renewed Leave Application and Determination of Conviction and Sentence Appeals

  1. 1 Whether the appellant knew the pink bag contained controlled drugs when he received it
  2. 2 Whether the trial judge misdirected the jury about appellant's opportunity or time to inspect the bag
  3. 3 Whether the fresh psychiatric evidence is admissible and would have affected the verdict

Ratio Decidendi

The Court held the jury's guilty verdict was safe: the prosecution evidence afforded a proper basis to infer the applicant knew the bag contained drugs when he received it; the fresh psychiatric records did not show impairment at the material time and were irrelevant to undermine the conviction; the trial judge fairly and correctly directed the jury; and the 18‑year sentence for 480g of methamphetamine fell within established sentencing guidelines, so leave to appeal and the appeals were refused.

Court Disposition

Renewed applications for leave to appeal against conviction and sentence dismissed; conviction and sentence affirmed

Orders

  • Renewed application for leave to appeal against conviction dismissed
  • Renewed application for leave to appeal against sentence dismissed