Read the full judgment text of CACC 000384/2008 on BabelCite. This Court of Appeal judgment was delivered on 8 May 2009 before Stuart-Moore VP, Burrell J, Beeson J.
Criminal law – drug trafficking – appeal against conviction – attempted trafficking in dangerous drug (Ketamine) – good character direction – whether trial judge erred in qualifying good character direction by reference to applicant's conduct in using false name and forged identity card – applicant contended that 'discreditable conduct' must refer to conduct independent of the actus reus – Court of Appeal held that no authority confined disqualifying conduct in that way – Tang Siu Man v HKSAR No 2 confirmed wide judicial discretion in giving character directions and rejected mechanical application of Vye – Aziz confirmed residual discretion to add qualifying words where other proved or possible criminal conduct emerged during trial – R v Durbin stressed jury should not be directed on artificial or untrue basis – applicant was Indian national who arrived in Hong Kong on the day of arrest – controlled delivery from Chennai via Fedex – package marked 'Diplomatic Mail' – applicant identified himself as 'V. Nelson' using forged identity card bearing his photograph – signed delivery receipt and was arrested as he reached to pick up package – 9.34 kg of powder containing 8.01 kg of Ketamine – applicant admitted using false name, forged identity card from 'Chemical India (P) Ltd', and signing letter purportedly from British High Commission – applicant's 'good character' rested only on absence of Hong Kong convictions – judge gave full good character direction in terms of both propensity and credibility, with brief and balanced reference to potentially discreditable conduct – application for leave to appeal against conviction dismissed
Legal issues: Whether trial judge erred in qualifying good character direction by reference to applicant's conduct in using false name and forged identity card
Outcome: Application for leave to appeal against conviction dismissed; the 14-year sentence imposed at trial stands.