26 Sept 2008
HKSAR v. MOHAMMED SALEEM
- Citation
- HKSAR v. MOHAMMED SALEEM
- Court
- Court of Appeal
- Case number
- CACC323/2007
The conviction for trafficking was quashed because the prosecution did not prove the requisite physical custody or control of the drugs at the time of arrest; the proper offence supported by the evidence was attempting to traffic, and accordingly a retrial was ordered with substitution of a count of attempting to traffic pursuant to section 83E Criminal Procedure Ordinance; the juror's post‑verdict communication was inadmissible and did not constitute a material irregularity sufficient to uphold the conviction.