香港特別行政區 訴 李再榮

香港特別行政區 訴 李再榮

The Court of Appeal found the trial judge erred in accepting problematic and unexplained aspects of PW1's evidence and misinterpreting D2's recorded interview, and failed to address significant inconsistencies and viable alternative explanations that the drugs belonged to D2 or a third party; those failures meant...

Source-derived case information.

Citation
[2022] HKCA 270
Parties
Appellant: LEE Tzoi wing (李再榮); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 February 2022
Case Number
CACC154/2020
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Court of Appeal Determination (judgment)
Outcome
Appeal allowed; conviction and sentence quashed
Legal Topics
Possession With Intent to Supply, Witness Credibility, Unsafe Conviction, Evaluation of Police Statements, Chain of Custody
Source Language
ch
Criminal Law Evidence Appellate Review Drug Offences Possession With Intent to Supply Witness Credibility Unsafe Conviction Evaluation of Police Statements +1 more

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Parties

LEE Tzoi wing (李再榮)

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Court of Appeal Determination (judgment)

  1. 1 Whether trial judge erred in accepting PW1's unrecorded assertion that the appellant described seized package as 'plaster'
  2. 2 Whether the trial judge properly assessed contradictions between D2's recorded interview and her oral evidence and the effect on her credibility
  3. 3 Whether alternative explanations (possession by D2 or third party) were inadequately considered

Ratio Decidendi

The Court of Appeal found the trial judge erred in accepting problematic and unexplained aspects of PW1's evidence and misinterpreting D2's recorded interview, and failed to address significant inconsistencies and viable alternative explanations that the drugs belonged to D2 or a third party; those failures meant the conviction was unsafe and had to be quashed.

Court Disposition

Appeal allowed; conviction and sentence quashed

Orders

  • Appeal allowed
  • Conviction quashed