7 Dec 2020
HKSAR v. GARCIA ARISTIZABAL MARIA ALEJANDRA
- Citation
- [2020] HKCA 976
- Court
- Court of Appeal
- Case number
- CACC345/2019
The judge's failure to use the exact specimen mixed statement wording did not cause material prejudice because the summing-up repeatedly treated the applicant's interview as evidence and favoured her; the alleged inconsistency between police witnesses was not material to undermine the critical evidence; there was no evidential basis for self-consumption and the statutory definition of trafficking (including s2(3)) permits inclusion of residual quantities found in consumption equipment; therefore none of the grounds were reasonably arguable and leave to appeal was properly refused.