香港特別行政區 訴 官心陽

香港特別行政區 訴 官心陽

Given undisputed evidence that drugs and trafficking paraphernalia were openly and casually displayed in room 137, the applicant had the keycard, his personal effects were present, and he remained for many hours with free access, the only irresistible inference is that he knew of and participated in the trafficking;...

Source-derived case information.

Citation
[2020] HKCA 900
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Kwun Sum Yeung (官心陽); Co Defendant: Sze Shui-hong (施瑞宏); Co Defendant: Ho Wing-ka (何潁伽)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 November 2020
Case Number
CACC349/2019
Procedural Posture
Criminal Appeal (conviction) / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction refused
Legal Topics
Possession With Intent to Supply, Knowledge and Control of Drugs, Circumstantial Evidence, Credibility of Witnesses, Leave to Appeal
Source Language
ch
Criminal Law Narcotics Law Evidence Law Possession With Intent to Supply Knowledge and Control of Drugs Circumstantial Evidence Credibility of Witnesses Leave to Appeal

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Parties

Hong Kong Special Administrative Region

Respondent

Kwun Sum Yeung (官心陽)

Applicant

Sze Shui-hong (施瑞宏)

Co Defendant

Ho Wing-ka (何潁伽)

Co Defendant

Procedural Posture

Criminal Appeal (conviction) / Application for Leave to Appeal Against Conviction

  1. 1 Whether the evidence established the applicant knew of and participated in the possession and sale of cocaine found in hotel room 137
  2. 2 Whether the circumstantial evidence permitted any reasonable innocent explanation or led only to an irresistible inference of guilt
  3. 3 Whether the trial judge erred in rejecting defence explanations and in drawing inferences from the applicant's silence and presence in the room

Ratio Decidendi

Given undisputed evidence that drugs and trafficking paraphernalia were openly and casually displayed in room 137, the applicant had the keycard, his personal effects were present, and he remained for many hours with free access, the only irresistible inference is that he knew of and participated in the trafficking; therefore there is no arguable ground for an appeal and leave is refused.

Court Disposition

application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction refused