Read the full judgment text of FACC 000004/2002 on BabelCite. This FACC judgment was delivered on 31 March 2003 before Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Sir Noel Power NPJ and Sir Gerard Brennan NPJ.
Criminal law – dangerous drugs – trafficking – simple possession – standard of proof – onus of proof – substantial and grave injustice – appeal – proviso – Court of Final Appeal – s.32(2) Cap 484 – trial judge applied civil standard of proof to defendant's explanation – no onus on defendant to establish anything – defendant entitled to acquittal if evidence raises reasonable doubt – error fundamental to propriety of conviction – proviso not applicable – conviction for trafficking quashed – conviction for simple possession substituted – sentence of five years' imprisonment set aside – fine of $100 imposed – appellant already served time appropriate for simple possession – immediate release
Legal issues: Standard of proof and onus of proof
Outcome: Appeal allowed; conviction for trafficking quashed; conviction for simple possession substituted; sentence of five years' imprisonment set aside; fine of $100 imposed with 14 days to pay.