HKSAR v. HERNANDEZ BORJAS RAUL ORLANDO

HKSAR v. HERNANDEZ BORJAS RAUL ORLANDO

Possession of the backpack alone, without admissions or corroborative digital or other evidence, did not provide admissible evidence from which a jury could properly infer beyond reasonable doubt that the defendant knew he was importing dangerous drugs; therefore there was no case to go to the jury and acquittal was directed.

Citation
[2022] HKCFI 1825
Parties
Prosecution: HKSAR; Defendant: HERNANDEZ BORJAS RAUL ORLANDO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2021
Case Number
HCCC359/2019
Procedural Posture
Criminal Trafficking in a Dangerous Drug (dangerous Drugs Ordinance Cap 134 S4) / Ruling on No Case to Answer After Close of Defence; Acquittal Directed
Outcome
Acquitted - no case to answer
Legal Topics
Knowledge Element, Possession and Inference, No Case to Answer, Withdrawal of Case From Jury
Source Language
EN
Criminal Law Drugs Law Evidence Criminal Procedure Knowledge Element Possession and Inference No Case to Answer Withdrawal of Case From Jury

Case Brief

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Parties

HKSAR

Prosecution

HERNANDEZ BORJAS RAUL ORLANDO

Defendant

Procedural Posture

Criminal Trafficking in a Dangerous Drug (dangerous Drugs Ordinance Cap 134 S4) / Ruling on No Case to Answer After Close of Defence; Acquittal Directed

Legal Issues

  1. 1 Whether the prosecution proved the defendant knew he was importing dangerous drugs
  2. 2 Whether possession of the backpack and circumstantial material could support an irresistible inference of knowledge
  3. 3 Whether a judge may withdraw a case from the jury at a late stage if there is no evidence on which a reasonable jury could convict

Ratio Decidendi

Possession of the backpack alone, without admissions or corroborative digital or other evidence, did not provide admissible evidence from which a jury could properly infer beyond reasonable doubt that the defendant knew he was importing dangerous drugs; therefore there was no case to go to the jury and acquittal was directed.

Court Disposition

Acquitted - no case to answer

Orders

  • Case withdrawn from the jury and the defendant acquitted on the single count of trafficking in a dangerous drug