HKSAR v. Rai Sumdi Bung and Another

Read the full judgment text of DCCC 294/2017 on BabelCite. This District Court judgment.

1. D1, stand up. I think Ms Crebbin is making a very fair submission. The prosecution has almost reached the standard of proof against you. Well, I cannot make any conscientious finding that D2 was lying in court. He told you limited information about the parcel. Obviously, you knew he was a drug addict but such knowledge did not equate that with knowledge that he would be shipping in a certain parcel containing drug.

Cited by 2 cases

Case No.DCCC 294/2017
Court
District Court
Date
Judge
Case Document
100%Judiciary

DCCC 294/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 294 OF 2017

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  HKSAR  
  v  
  Rai Sumdi Bung (D1)  
  Gurung Govind (D3)  

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Before: HH Judge E. Yip
Date: 13th October 2017 at 11:35 am
Present: Ms Diane Crebbin, Counsel on fiat, for HKSAR
  Ms Cheung Wai-ngan, Karen, instructed by M/s Au Yeung, Cheng, Ho & Tin, assigned by the Director of Legal Aid, for D1
Offence:  Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Verdict

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1.D1, stand up. I think Ms Crebbin is making a very fair submission. The prosecution has almost reached the standard of proof against you. Well, I cannot make any conscientious finding that D2 was lying in court. He told you limited information about the parcel. Obviously, you knew he was a drug addict but such knowledge did not equate that with knowledge that he would be shipping in a certain parcel containing drug.

2.As Ms Crebbin has said, there is a high degree of suspicion on your part.  I think you probably suspected that some contraband items were being shipped, but it is not the same as your actual knowledge that the prosecution has proved that you knew the parcel contained dangerous drug. 

3.So, at the end of the day, the prosecution is not able to prove the case against you, and you are acquitted of the charge.

  (E. Yip)
  District Judge

Other Judgments in This Case

Further hearings and rulings under DCCC 294/2017