10 Apr 1991
THE QUEEN v. LO SHING YUEN
- Citation
- THE QUEEN v. LO SHING YUEN
- Court
- Court of First Instance
- Case number
- HCMA5/1991
Where the statutory presumption under s.46 is only marginally raised, a tribunal of fact must carefully consider all material evidence (including the defendant's reaction and post‑caution statements) and give adequate reasons for finding the presumption unrebutted; failure to do so justifies quashing a trafficking conviction and substituting a conviction and sentence appropriate to possession.