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Court of Appeal refused leave on conviction but allowed sentence appeal, reducing a drug-trafficking sentence to 23 years after applying revised guidelines.
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.
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The Court of Appeal upheld Hui’s conviction for conspiracy to traffic cocaine and reduced both appellants’ sentences under revised drug sentencing guidelines.
原審法官可憑席前之整體證據（包括大量錄影片段、被捕時段與封鎖區情況、衣着與物品等環境證據）作出唯一合理且不可抗拒的推論，認定被告於暴動期間身處並參與暴動；同時原審量刑在考慮規模、暴力程度及先例後並無原則性錯誤或明顯過重，故上訴許可應被拒絕並駁回上訴。
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Leave to appeal was granted on ground #3 because, despite the trial judge's acceptance of PW1 and PW2, the appellate court found that the evidence did not exclude a reasonable doubt as to whether the person who presented the ID and withdrew the funds was the applicant; the trial judge had not established that the applicant was the only reasonable inference as the withdrawer.
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The trial judge properly rejected the appellant's implausible account after assessing credibility and the surrounding circumstances; the circumstantial and environmental evidence, taken together, permitted only the irresistible inference that the appellant stole the bicycle, so the prosecution proved the offence beyond reasonable doubt and the conviction is safe.
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The Court of Appeal allowed the appeal, quashed the conviction and set aside sentence in a drug-conspiracy case, holding the evidence against the appellant was essentially mere presence.
The Court of Appeal refused leave to appeal against conviction in a money-laundering case, holding the circumstantial evidence supported the inference that the defendants knew the funds were tainted.
On re-hearing the court concluded the circumstantial and documentary evidence (damage positions, vehicle dimensions, photographs, the investigating officer's report and the appellant's admitted facts) permitted only the irresistible inference that the appellant negligently reversed into and damaged the neighbouring parked car; therefore the conviction for careless driving was proven beyond reasonable doubt and is upheld.
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Court of Appeal refused leave to appeal and dismissed a trafficking appeal, holding that the CCTV/photographic identification directions and inference directions were adequate.
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