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Hong Kong decisions
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The Court of Appeal dismissed Lau Ka Yan’s conviction appeal, holding that a Liberato direction was unnecessary and the jury directions on burden and proof were sufficient.
The Court of Appeal refused bail pending appeal in a drug-trafficking sentence case, finding no reasonably arguable appeal and no basis to disturb the sentence.
The trial judge's factual findings and inferences — based on admission of purchase, the timing and location, the quantity and retail packaging of the drugs, their accessibility in the vehicle and the applicant's conduct — were reasonable and sufficiently support the sole inference of possession for trafficking; there was no error warranting appellate intervention, therefore leave to appeal against conviction is refused.
Source excerpt
The Court of Appeal granted leave to appeal against sentence in a drug trafficking case, finding the revised Huang Ruifang guidelines may alter the starting point and reconsideration is needed.
The Court of Appeal refused leave to appeal against a trafficking sentence, holding the judge was entitled to treat the applicant’s serious record and role as aggravating.
The Court of Appeal refused leave to appeal against sentence for trafficking in ketamine and cocaine, holding the combined sentencing approach and partly consecutive terms were correct.
Leave to appeal conviction was refused in a drug trafficking case, but leave to appeal sentence was granted because later authorities lowered the sentencing starting point.
The Court of Appeal refused leave to appeal against sentence, holding that the dangerous driving sentence was not excessive and consecutive terms were proper.
The Court found no legal error or perversity in the sentencing judge's determinations of starting points, adjustments for antecedents and role, or application of totality and concurrency; the aggregate sentence of 48 months was held to be within the proper sentencing range and the application for leave to appeal was dismissed.
Source excerpt
The Court of Appeal reduced a drug sentence from 26 years 10 months to 24 years, holding that linked trafficking and manufacturing counts should run concurrently.
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