8 Oct 2010
HKSAR v. CHENG KONG SANG
- Citation
- HKSAR v. CHENG KONG SANG
- Court
- Court of Appeal
- Case number
- CACC371/2008
The trial judge's rejection of the defence relied on an erroneous factual assumption and unsupported findings; on the evidence the prosecution failed to prove beyond reasonable doubt that the applicant possessed the heroin for the purpose of trafficking, therefore the conviction for trafficking was unsafe and was set aside and substituted with a conviction for simple possession contrary to s8 Cap.134; applicant remanded pending DATC report under s54A.