17 Apr 2024
香港特別行政區 訴 丁瑋棠
- Citation
- [2024] HKCFI 1260
- Court
- Court of First Instance
- Case number
- HCMA102/2023
Photos and officer evidence showed contraband was packed in medium-sized boxes and polythene bags, placed together, readily openable and visually distinct from declared goods; a reasonable person supervising or sampling the cargo would, by opening representative bags/boxes, have discovered the undeclared cigarettes and crabs. The prosecution therefore proved beyond reasonable doubt that the appellant would have discovered the goods with reasonable effort and the statutory s18(2) defence failed; the custodial sentence of nine months was not excessive given value and public interest.