HKSAR v. CUMPIO SUSAN BATION

HKSAR v. CUMPIO SUSAN BATION

The court rejected the defendant's account as inherently illogical, contradictory and inconsistent with contemporaneous records and accepted the evidence of the Customs Officers and exhibits, concluding the defendant did not offer assistance; the right to silence was not used to draw an adverse inference but was...

Source-derived case information.

Citation
HKSAR v. CUMPIO SUSAN BATION
Parties
Prosecution: HKSAR; Defendant: CUMPIO Susan Bation
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 May 2017
Case Number
HCCC107/2016
Procedural Posture
Criminal: Trafficking in a Dangerous Drug / Newton Hearing (mitigation); Sentencing Adjourned
Outcome
Defendant's claim of assistance rejected; evidence of Customs Officers and exhibits accepted; sentencing adjourned for further submissions.
Legal Topics
Assistance to Authorities, Newton Hearing, Sentencing Mitigation, Credibility Assessment, Right to Silence
Source Language
en
Criminal Law Drugs and Controlled Substances Evidence and Procedure Assistance to Authorities Newton Hearing Sentencing Mitigation Credibility Assessment Right to Silence

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Summary, issues, holding and outcome

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Parties

HKSAR

Prosecution

CUMPIO Susan Bation

Defendant

Procedural Posture

Criminal: Trafficking in a Dangerous Drug / Newton Hearing (mitigation); Sentencing Adjourned

Legal Issues

  1. 1 Did the defendant offer or attempt to offer assistance to Customs at arrest?
  2. 2 Are the defendant's accounts credible in light of contemporaneous records?
  3. 3 Whether the defendant's exercise of the right to silence permits adverse inference or may be relied upon as evidence of non-cooperation?

Ratio Decidendi

The court rejected the defendant's account as inherently illogical, contradictory and inconsistent with contemporaneous records and accepted the evidence of the Customs Officers and exhibits, concluding the defendant did not offer assistance; the right to silence was not used to draw an adverse inference but was relevant evidence of non-cooperation for sentencing.

Court Disposition

Defendant's claim of assistance rejected; evidence of Customs Officers and exhibits accepted; sentencing adjourned for further submissions.

Orders

  • Sentence adjourned to 4:30 pm on 23 May 2017.
  • Parties to file written submissions and relevant authorities on whether the failed Newton Hearing should affect sentence by 22 May 2017.