SHU HEUNG SHAN v. THE QUEEN
The magistrate reasonably accepted the police account that the appellant accepted a marked banknote and produced a parcel containing packets of dangerous drugs, which constituted sufficient evidence of sale and possession; absent no evidence or a clearly wrong conclusion the appellate court will not overturn the...
Source-derived case information.
- Citation
- SHU HEUNG SHAN v. THE QUEEN
- Parties
- Appellant: Shu Heung Shan; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Case Number
- CACC665/1968
- Procedural Posture
- Criminal Appeal / Appellate Judgment
- Outcome
- Appeal dismissed; conviction affirmed.
- Legal Topics
- Unlawful Sale of Dangerous Drugs, Possession of Dangerous Drugs, Sufficiency of Evidence, Credibility of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shu Heung Shan
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Appellate Judgment
Legal Issues
- 1 Whether there was any or sufficient evidence to support conviction for unlawful sale and possession of dangerous drugs
- 2 Whether the magistrate erred in accepting the police evidence and inferences drawn from the marked banknote and handover
Ratio Decidendi
The magistrate reasonably accepted the police account that the appellant accepted a marked banknote and produced a parcel containing packets of dangerous drugs, which constituted sufficient evidence of sale and possession; absent no evidence or a clearly wrong conclusion the appellate court will not overturn the conviction, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed; conviction affirmed.
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
bjbj CACC000665/1968 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO.665 OF 1968 ----------------- BETWEEN SHU HEUNG SHAN Appellant THE QUEEN Respondent Coram: Huggins, J. Date of Judgment: ...(illegible) ----------------- JUDGMENT ----------------- Huggins, J: The appellant was charged before the learned magistrate with unlawfully selling dangerous drugs and unlawful possession of dangerous drugs. The ground of his appeal is that that was no evidence or no sufficient evidence where on to found the said conviction. Evidence was given that an inspector of police went with a constable to the Wo Ping Hotel in Nathan Road. The inspector, who was in uniform, concealed himself in Room No.407. The constable, who was in plain clothes, went to Room 404. There was nobody in Room 404 when the constable arrived there but shortly afterwards the appellant came in. He just pushed open the door. The constable said to him: "Old pal, I can make use of several packets" and he handed the appellant a marked bank note. This note the appellant put in his packet and he produced from another pocket a brown parcel. This parcel had four packets in it, two of which the appellant handed to the constable. Both sets of packets were found to contain dangerous drugs. This evidence, if it were believed by the learned magistrate, was ample evidence upon which to convict the appellant. Before me the appellant has told a story none of which did he put before the magistrate. At the trial he made an unsworn statement in which, in effect, he admitted merely smoking dangerous drugs but denied having any drugs on him. In my view there is absolutely no ground upon which I could say that the learned magistrate came to a wrong decision - and, indeed, I have no doubt at all that he came to the right decision. The appeal is dismissed. ...(illegible) Representation: Appellant in person Mr. Evans for the Respondent - PAGE - CACC000665/1968 Normal.dot Kodak Microsoft Word 9.0 Judiciary Hong Kong SAR Judiciary Hong Kong SAR CACC000665/1968 Title Microsoft Word Document MSWordDoc Word.Document.8 CACC000665/1968 Normal.dot Kodak Microsoft Word 9.0 Judiciary Hong Kong SAR Judiciary Hong Kong SAR CACC000665/1968 Title