香港特別行政區 訴 何駿滔

香港特別行政區 訴 何駿滔

The Court refused leave to appeal because the jury were properly directed and could rationally convict the applicant of drug trafficking based on possession of a significant quantity of controlled drugs while acquitting him of assault; the verdicts were not logically inconsistent and the trial judge's directions on...

Source-derived case information.

Citation
[2020] HKCA 505
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Ho Chun To
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 June 2020
Case Number
CACC96/2019
Procedural Posture
Criminal Appeal (leave to Appeal Against Conviction and Sentence) / Court of Appeal Hearing on Leave to Appeal
Outcome
Application for leave to appeal against conviction dismissed; application for leave to appeal against sentence withdrawn by applicant
Legal Topics
Drug Trafficking, Assault on Police, Jury Verdict Inconsistency, Jury Directions, Burden of Proof, Sentencing
Source Language
ch
Criminal Law Drugs Law Evidence Appeals Drug Trafficking Assault on Police Jury Verdict Inconsistency Jury Directions +2 more

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Summary, issues, holding and outcome

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Parties

Hong Kong Special Administrative Region

Respondent

Ho Chun To

Applicant

Procedural Posture

Criminal Appeal (leave to Appeal Against Conviction and Sentence) / Court of Appeal Hearing on Leave to Appeal

  1. 1 Whether the jury verdicts were logically inconsistent (convicted of drug trafficking but acquitted of assaulting police)
  2. 2 Whether the trial judge's directions to the jury on burden of proof and inferences were inadequate or misleading

Ratio Decidendi

The Court refused leave to appeal because the jury were properly directed and could rationally convict the applicant of drug trafficking based on possession of a significant quantity of controlled drugs while acquitting him of assault; the verdicts were not logically inconsistent and the trial judge's directions on burden, standard and inferences were adequate.

Court Disposition

Application for leave to appeal against conviction dismissed; application for leave to appeal against sentence withdrawn by applicant

Orders

  • Leave to appeal conviction dismissed
  • Application for leave to appeal against sentence withdrawn