香港特別行政區 訴 俞鵬東

香港特別行政區 訴 俞鵬東

The available circumstantial evidence—applicant's tenancy, his DNA and fingerprints in multiple locations/items in the flat where manufacture was occurring, and his immediate flight and prolonged absence—allowed a reasonable and irresistible inference of participation in drug manufacture; the jury was properly...

Source-derived case information.

Citation
[2020] HKCA 539
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Yu Pang Tung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 July 2020
Case Number
CACC325/2019
Procedural Posture
Criminal Appeal (conviction and Sentence) / Leave to Appeal Application
Outcome
Application for leave to appeal against conviction and sentence refused
Legal Topics
Manufacture of Dangerous Drugs, Circumstantial Evidence and Inferences, DNA and Fingerprint Evidence, Jury Directions, Sentencing and Deterrence, Flight From Jurisdiction
Source Language
ch
Criminal Law Drugs Law Evidence Manufacture of Dangerous Drugs Circumstantial Evidence and Inferences DNA and Fingerprint Evidence Jury Directions Sentencing and Deterrence +1 more

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Parties

Hong Kong Special Administrative Region

Respondent

Yu Pang Tung

Applicant

Procedural Posture

Criminal Appeal (conviction and Sentence) / Leave to Appeal Application

  1. 1 Whether the prosecution's circumstantial evidence was sufficient to support a conviction for manufacture of dangerous drugs despite absence of direct evidence
  2. 2 Whether the trial judge's directions to the jury were adequate (including reference to absence of an expected cutting agent)
  3. 3 Whether the 20-year sentence was manifestly excessive and whether any deduction was warranted for detention overseas

Ratio Decidendi

The available circumstantial evidence—applicant's tenancy, his DNA and fingerprints in multiple locations/items in the flat where manufacture was occurring, and his immediate flight and prolonged absence—allowed a reasonable and irresistible inference of participation in drug manufacture; the jury was properly directed and the 20-year sentence was not manifestly excessive, so leave to appeal against conviction and sentence is refused.

Court Disposition

Application for leave to appeal against conviction and sentence refused

Orders

  • Leave to appeal conviction refused
  • Leave to appeal sentence refused