13 Mar 1987
THE QUEEN v. KWONG KAI HIM AND OTHERS
- Citation
- THE QUEEN v. KWONG KAI HIM AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC492/1986
The Court held that the trial judge correctly directed the jury on the law and that there was evidence from which the jury could infer the appellant retained control of the premises so the s.47 presumption applied; 'tenant' in s.37 covers beneficial tenants with capacity to control premises; the summing-up remarks were not prejudicial such as to make convictions unsafe; however the sentencing judge understated appropriate discounts for early pleas and the Court reduced the 1st defendant's primary manufacturing sentences from 14 to 12 years and the 4th defendant's sentence from 10 to 9 years.