香港特別行政區 對 黃泔誠

香港特別行政區 對 黃泔誠

The trial judge's directions were comprehensive, correct and fair; the jury was entitled to reject the applicant's account and accept the police evidence that the drugs were located on the applicant and were possessed for trafficking; there was no arguable misdirection or legal error and no realistic prospect of...

Source-derived case information.

Citation
[2020] HKCA 627
Parties
Applicant: Wong Kam Shing (黃泔誠); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 July 2020
Case Number
CACC211/2019
Procedural Posture
Criminal Conviction Appeal (application for Leave to Appeal Against Conviction) / Application for Leave to Appeal to the Court of Appeal (criminal)
Outcome
Application for leave to appeal against conviction refused; conviction and sentence upheld.
Legal Topics
Possession of Controlled Drug, Trafficking, Voluntariness of Confession, Judicial Directions to Jury, Credibility of Witnesses
Source Language
ch
Criminal Law Narcotics/drugs Law Evidence Criminal Appeals Possession of Controlled Drug Trafficking Voluntariness of Confession Judicial Directions to Jury +1 more

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Parties

Wong Kam Shing (黃泔誠)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Conviction Appeal (application for Leave to Appeal Against Conviction) / Application for Leave to Appeal to the Court of Appeal (criminal)

  1. 1 Whether the trial judge misdirected the jury such that the conviction was unsafe
  2. 2 Whether the applicant's confessions and signed record were voluntary and admissible
  3. 3 Whether the drugs were found on the applicant and whether possession was for trafficking rather than personal use

Ratio Decidendi

The trial judge's directions were comprehensive, correct and fair; the jury was entitled to reject the applicant's account and accept the police evidence that the drugs were located on the applicant and were possessed for trafficking; there was no arguable misdirection or legal error and no realistic prospect of success on appeal, so leave to appeal against conviction is refused.

Court Disposition

Application for leave to appeal against conviction refused; conviction and sentence upheld.

Orders

  • Leave to appeal against conviction refused
  • Conviction and sentence upheld