香港特別行政區 訴 官心陽

香港特別行政區 訴 官心陽

The court refused bail because there was no change in circumstances and the applicant failed to show a very high chance of success on appeal; the totality of evidence (room keycard, lengthy and repeated presence in the room(s), visible placement of substantial drugs and paraphernalia, absence of exculpatory...

Source-derived case information.

Citation
[2020] HKCA 515
Parties
Applicant: Kwun Sum Yeung (官心陽); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 June 2020
Case Number
CACC349/2019
Procedural Posture
Criminal Appeal / Bail Application Pending Appeal
Outcome
Application for bail pending appeal dismissed; bail refused
Legal Topics
Bail Pending Appeal, Sufficiency of Evidence, Possession and Joint Participation, Standard for Grant of Bail, Remand
Source Language
ch
Criminal Law Bail Appeals Drugs Offences Procedural Law Bail Pending Appeal Sufficiency of Evidence Possession and Joint Participation +2 more

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Parties

Kwun Sum Yeung (官心陽)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal / Bail Application Pending Appeal

  1. 1 Whether bail should be granted pending appeal
  2. 2 Whether the applicant has a very high chance of success on appeal
  3. 3 Whether the trial evidence sufficiently supports an irresistible inference of participation in drug trafficking

Ratio Decidendi

The court refused bail because there was no change in circumstances and the applicant failed to show a very high chance of success on appeal; the totality of evidence (room keycard, lengthy and repeated presence in the room(s), visible placement of substantial drugs and paraphernalia, absence of exculpatory testimony) justified the original inference of joint participation and made the appeal unlikely to succeed.

Court Disposition

Application for bail pending appeal dismissed; bail refused

Orders

  • Application for bail pending appeal dismissed
  • Applicant to remain in custody pending the outcome of the appeal