HKSAR v. Amarjit

CACC 172/2019

[2021] HKCA 1361

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 172 OF 2019

(ON APPEAL FROM HCCC NO 231 OF 2018)

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BETWEEN

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Before: Hon Macrae VP in Court

Date of Hearing: 14 September 2021

Date of Judgment: 14 September 2021

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J U D G M E N T

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1.The applicant was charged with one count of trafficking in 23.4 grammes of a crystalline solid containing 23.3 grammes of methamphetamine hydrochloride (commonly known as “Ice”) and 1,000 grammes of cannabis in herbal form, contrary to section 4(1)(a) & (3) of the Dangerous Drugs Ordinance Cap 134. He was unanimously convicted after trial before Campbell Moffat J and a jury and sentenced to 9 years’ imprisonment.

2.The applicant now applies for leave to appeal against his conviction and, although he had originally also filed a Notice of application for leave to appeal against sentence, he has abandoned that application before me this morning and I have formally dismissed his appeal against sentence.

3.There is one ground of appeal against conviction advanced by Mr Marray on the applicant’s behalf, namely, that the judge did not give a flight direction. Having read the respective submissions of the parties, I have formed the view that the ground is reasonably arguable as a point of mixed fact and law. Accordingly, I have granted leave to appeal against conviction on that ground.

4.I have also ordered that a transcript of the applicant’s evidence at trial be prepared for the purpose of the appeal.

Ms Sabra Lo SPP, of the Department of Justice, for the Respondent

Mr John Marray, instructed by Stevenson, Wong & Co, assigned by the Director of Legal Aid, for the Applicant (re: Conviction)

The Applicant appeared in person (re: Sentence)