香港特別行政區 訴 官心陽

香港特別行政區 訴 官心陽

On the facts found at trial and the uncontroverted prosecution evidence, and absent rebuttal evidence from the applicant, the reasonable and irresistible inference was joint possession and trafficking with co-accused in the hotel room; therefore no arguable point of law of great and general importance arose and the...

Source-derived case information.

Citation
[2021] HKCA 1099
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Kwun Sum Yeung (官心陽)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 August 2021
Case Number
CACC349/2019
Procedural Posture
Criminal Appeal (drug Trafficking) / Application for Certificate Under S32(2) of the Court of Final Appeal Ordinance (cap.484) to Seek Leave to Appeal to the Court of Final Appeal
Outcome
Application for certificate under s32(2) CFAO refused.
Legal Topics
Possession With Intent to Supply, Joint Possession, Inferences From Presence/access to Premises, Certificate for Leave to Appeal
Source Language
ch
Criminal Law Appellate Procedure Drugs Law Possession With Intent to Supply Joint Possession Inferences From Presence/access to Premises Certificate for Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hong Kong Special Administrative Region

Respondent

Kwun Sum Yeung (官心陽)

Applicant

Procedural Posture

Criminal Appeal (drug Trafficking) / Application for Certificate Under S32(2) of the Court of Final Appeal Ordinance (cap.484) to Seek Leave to Appeal to the Court of Final Appeal

  1. 1 Whether evidence of an accused's prolonged presence in, or free access to, premises where drugs were stored is alone sufficient to prove joint possession for a trafficking offence when there is no evidence who placed the drugs there
  2. 2 Whether the point raised is a question of law of great and general importance warranting a certificate under s32(2) CFAO

Ratio Decidendi

On the facts found at trial and the uncontroverted prosecution evidence, and absent rebuttal evidence from the applicant, the reasonable and irresistible inference was joint possession and trafficking with co-accused in the hotel room; therefore no arguable point of law of great and general importance arose and the s32(2) certificate was refused.

Court Disposition

Application for certificate under s32(2) CFAO refused.

Orders

  • Application dismissed
  • No certificate granted under s32(2) of the Court of Final Appeal Ordinance (Cap.484)