HKSAR v. SAJED MAHMOOD MINHAS
- Citation
- HKSAR v. SAJED MAHMOOD MINHAS
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 23 August 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal
- Case number
- HCMA715/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 23 August 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal
- Case number
- HCMA715/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The magistrate's assessment that the police witnesses were honest and credible and that the defence witnesses were not believable was based on sound observation and reasoning; there was ample evidence to convict for possession under the Dangerous Drugs Ordinance, so the appellate court must defer to the trial magistrate and dismiss the appeal.
Court disposition
Appeal dismissed; conviction affirmed.
Orders
- Appeal dismissed and conviction affirmed.
02
Material facts
Parties
HKSAR
Respondent Counsel: Mr Paul Ho, SGC of the Department of JusticeSAJED MAHMOOD MINHAS
Appellant03
Procedural history
Posture
Magistracy Appeal (criminal) / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was in possession of a dangerous drug as charged under s.8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134
- 02
Whether the magistrate erred in assessing credibility of prosecution and defence witnesses
- 03
Whether there was sufficient evidence to support a conviction
Party arguments
- Applicant
- Appellant's case was that he did not hold any packet of drugs; the packet was on the table and belonged to a woman tenant. He did not give evidence but called two defence witnesses who said the packet was on the table and the appellant never held it.
- Respondent
- Police evidence was that officers saw the appellant holding a transparent bag and he threw the packet onto the table when police entered; inconsistencies with statements were not material and the police witnesses were credible, supporting conviction.
05
Court’s reasoning
Legal principles
- 01
Dangerous Drugs Ordinance, Cap.134 (statute referred to in judgment)
The prosecution must prove beyond reasonable doubt the elements of possession under s.8(1)(a) and s.8(2) of the Dangerous Drugs Ordinance, Cap.134.
- 02
Established common law appellate deference to trial credibility findings (as applied in the judgment)
An appellate court should be reluctant to overturn a trial judge's or magistrate's assessment of witness credibility where the trial judge had the advantage of seeing and hearing the witnesses.
06
Ratio, limits and disposition
Ratio decidendi
The magistrate's assessment that the police witnesses were honest and credible and that the defence witnesses were not believable was based on sound observation and reasoning; there was ample evidence to convict for possession under the Dangerous Drugs Ordinance, so the appellate court must defer to the trial magistrate and dismiss the appeal.
Obiter and limits
- Cases of this nature turn on credibility and the trial fact‑finder has advantage of seeing and hearing witnesses.
- Inconsistencies between evidence and statements may be excused where explanations render them immaterial.
- Defence evidence that contradicts common sense may be rejected by the trial court.
Court disposition
Appeal dismissed; conviction affirmed.
- Appeal dismissed and conviction affirmed.
Source and reliance status
Court of First Instance · 23 August 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 23 August 2007
bjbj HCMA715/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 715 OF 2007 (On Appeal From ESCC 495 OF 2007) -----------------------------
BETWEEN HKSAR Respondent and SAJED MAHMOOD MINHAS Appellant ---------------------------- Before : Deputy High Court Judge M. Poon in Court Date of Hearing : 23 August 2007 Date of Judgment : 23 August 2007 ------------------------
J U D G M E N T ------------------------
AUTONUMOUT This is an appeal against conviction for possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drug Ordinance, Cap.
134.
AUTONUMOUT Two police officers raided the flat as specified in the particulars of the charge. The appellant was seen sitting on a bed holding a transparent bag containing the drugs in question in his left hand. He threw the packet onto the table in front when police officers entered.
AUTONUMOUT The appellant s case was that he did not hold any packet of drugs as the police alleged. The packet of drugs was on the table, and it belonged to the woman tenant inside the flat.
AUTONUMOUT The appellant did not give evidence but he called two defence witnesses ( and ) to give evidence. DW1 testified as to the circumstances why he was there at those small hours and how he came to be pushed into the flat by the police officers, whilst DW2, a woman tenant at the flat, testified the drugs in question belonged to her. Both of them said that the packet of drugs was on the table and at no time did the appellant hold such in his hand. What the appellant did today at this appeal hearing is just to reiterate that the magistrate should not have believed the prosecution witnesses and disbelieved the defence witnesses called by him.
AUTONUMOUT Much time was spent at the trial in cross-examining the 1st prosecution witness as to the alleged inconsistencies between his evidence and his statement. The magistrate was alive to such inconsistencies. He accepted the explanations offered and concluded such were not material inconsistencies and would not render that officer s evidence unreliable. He found the two police witnesses honest and credible.
AUTONUMOUT Having carefully considered the evidence of the defence witnesses, the magistrate found it to be contrary to common sense and not believable.
AUTONUMOUT Respondent counsel has correctly pointed out that cases like this turn on credibility. In judging that issue, the magistrate had benefit over me in that he heard and saw the witnesses and I have not. There is nothing in the Statement of Findings which leads me to think that the assessment by the magistrate was based on other than sound observation and reasoning.
AUTONUMOUT There is ample evidence to find a conviction. This appeal is dismissed and I affirm the conviction. ( M. Poon ) Deputy High Court Judge Mr Paul Ho, SGC of the Department of Justice, for HKSAR The Appellant 1udk 1udk (#p# &`#$ XoOe&t\ XoOe&t\ XoOe&t\ XoOe&t\ XoOe&t\ XoOe&t\ XoOe&t\ XoOe&t\ #V$z @W 5 [-<. o2O` n h>h @W 5 @W 5 W~rh & 6" HCMA.dot setup Microsoft Word 9.0 Judiciary Title Microsoft Word Document MSWordDoc Word.Document.8
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