香港特別行政區 訴 何頌廷

香港特別行政區 訴 何頌廷

The only reasonable inference from the totality of the evidence—substantial net quantity of cocaine, the majority packaged in many small bags, the appellant's knowing possession and circumstances of discovery—was trafficking; the appellant's explanations were inherently implausible and did not create a reasonable...

Source-derived case information.

Citation
[2020] HKCA 385
Parties
Applicant: HO Chung ting; Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 May 2020
Case Number
CACC259/2019
Procedural Posture
Criminal Appeal – Application for Leave to Appeal Conviction and Sentence / Leave to Appeal Application After Conviction and Sentencing
Outcome
Application for leave to appeal against conviction and sentence refused
Legal Topics
Trafficking in Dangerous Drugs, Possession of Drug Utensils, Sentence Calculation, Evidence and Credibility, Section 83 W Warning
Source Language
ch
Criminal Law Drugs Offences Appellate Review Trafficking in Dangerous Drugs Possession of Drug Utensils Sentence Calculation Evidence and Credibility Section 83 W Warning

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Parties

HO Chung ting

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal – Application for Leave to Appeal Conviction and Sentence / Leave to Appeal Application After Conviction and Sentencing

  1. 1 Whether the conviction for trafficking was supported by the evidence
  2. 2 Whether the appellant's account created a reasonable doubt
  3. 3 Whether the sentence fell outside the appropriate range

Ratio Decidendi

The only reasonable inference from the totality of the evidence—substantial net quantity of cocaine, the majority packaged in many small bags, the appellant's knowing possession and circumstances of discovery—was trafficking; the appellant's explanations were inherently implausible and did not create a reasonable doubt, therefore leave to appeal against conviction and sentence was refused.

Court Disposition

Application for leave to appeal against conviction and sentence refused

Orders

  • Leave to appeal refused
  • Applicant warned about the risks under Criminal Procedure Ordinance section 83W