Hong Kong Case Law: Decisions & Judgments

Topic

Possession with intent to distribute

Legal area

Court

26 Apr 2022

香港特別行政區訴張富強

Citation

[2022] HKCA 588
Court

Court of Appeal
Case number

CACC75/2021

The application for leave was refused because the trial judge reasonably drew, from fingerprints on some packets combined with pervasive circumstantial evidence (bar access, concealment method, packaging inconsistency with customer involvement, lack of credible innocent explanation), the only proper inference that the appellant handled and had knowledge/control of the consignment; the absence of prints elsewhere was neutral and did not undermine that conclusion.
16 Dec 2020

香港特別行政區訴賴錦鋒

Citation

[2020] HKCA 1031
Court

Court of Appeal
Case number

CACC81/2019

Because the defence consistently denied possession and never advanced self‑use, and because the totality of the evidence (quantity and value of drugs, circumstances at scene, absence of defence evidence of drug use) did not provide a reasonable evidential basis for a jury to convict of simple possession, the trial judge did not err in declining to direct the jury on the alternative verdict; accordingly the application for leave was properly refused and the conviction stands.
16 Jun 2020

香港特別行政區訴陳梓謙

Citation

[2020] HKCA 498
Court

Court of Appeal
Case number

CACC218/2019

Sufficient credible material—packaging, scales, numerous small and empty bags, hotel rental pattern, paraphernalia contamination and inconsistent accounts—established trafficking; the applicant's claim that 4.86g was personal use lacked credibility and would not have altered the sentencing baseline, so no Newton hearing was required and no reduction was warranted; leave to appeal against sentence is refused.
27 Jul 2018

香港特別行政區訴鄢城

Citation

[2018] HKCA 392
Court

Court of Appeal
Case number

CACC286/2016

The Court held the trial judge's directions were adequate and fair, the objective and admitted evidence (including the unusually heavy bag and exhibited items) supported the only reasonable inference that the appellant knew of the concealed cocaine, and the appellant failed to establish that his waiver of the sentence appeal was involuntary or made in ignorance; accordingly leave to appeal conviction was refused and the waiver was upheld, leaving the conviction and 30-year sentence intact.

Hong Kong Case Law

香港特別行政區 訴 張富強

香港特別行政區 訴 賴錦鋒

香港特別行政區 訴 陳梓謙

香港特別行政區 訴 鄢城

香港特別行政區訴張富強

香港特別行政區訴賴錦鋒

香港特別行政區訴陳梓謙

香港特別行政區訴鄢城