THE QUEEN v. WONG YIN CHUNG AND ANOTHER

THE QUEEN v. WONG YIN CHUNG AND ANOTHER

Magistrate's rejection of the appellants' account of their state of mind when approaching the dock justified application of the statutory presumption under s35A(2)(c); the prosecution proved the requisite intent beyond reasonable doubt so convictions stand; but because mens rea arose at the last minute and appellants were first offenders, custodial sentences were suspended for two years.

Citation
THE QUEEN v. WONG YIN CHUNG AND ANOTHER
Parties
Respondent: The Queen; 1st Appellant: Wong Yin Chung; 2nd Appellant: Wong Yuk Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 1993
Case Number
HCMA235/1993
Procedural Posture
Magistracy Appeal / Appeal Against Conviction and Sentence (judgment)
Outcome
Appeals against conviction dismissed; appeals against sentence allowed and sentences suspended for two years.
Legal Topics
Smuggling, Presumption of Intent, Mens Rea, Sentencing, Suspended Sentence
Source Language
EN
Criminal Law Customs and Excise Smuggling Presumption of Intent Mens Rea Sentencing Suspended Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

The Queen

Respondent

Wong Yin Chung

1st Appellant

Wong Yuk Wai

2nd Appellant

Procedural Posture

Magistracy Appeal / Appeal Against Conviction and Sentence (judgment)

Legal Issues

  1. 1 Whether the presumption of intent under section 35A(2)(c) applies to defendants who assisted in moving restricted goods
  2. 2 Whether the appellants adduced credible evidence to rebut the statutory presumption
  3. 3 Whether the appellants had the requisite mens rea before reaching the dock

Ratio Decidendi

Magistrate's rejection of the appellants' account of their state of mind when approaching the dock justified application of the statutory presumption under s35A(2)(c); the prosecution proved the requisite intent beyond reasonable doubt so convictions stand; but because mens rea arose at the last minute and appellants were first offenders, custodial sentences were suspended for two years.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed and sentences suspended for two years.

Orders

  • Convictions under Import and Export Ordinance, Cap.60, s35A(1)(c) and (2)(c) upheld
  • Original sentences of two months' imprisonment imposed by the magistrate are suspended for two years