John Edwin Minney v. HKSAR

Case No.FAMC 60/2011

Court

FAMC

Date24 Feb 2012

Judge—

Case Document

100%

FAMC No. 60 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 60 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 383 OF 2010)

_____________________

Between:

	JOHN EDWIN MINNEY	Applicant
	- and -
	HKSAR	Respondent

_____________________

Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ

Date of Hearing:	24 February 2012
Date of Determination:	24 February 2012

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1.We grant leave to appeal to the Court of Final Appeal, the certified point of law being the one raised by this question. To what (if any) extent a sentencing court should take into account the risk that the dangerous drugs the subject-matter of a charge of simple possession will find their way into the hands of others, and how the court should approach the question of any such risk?

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr P J Dykes, SC & Mr G Surman, instructed by Vidler & Co. and assigned by the Director of Legal Aid, for the applicant

Mr Martin Hui & Ms Wong Sze-lai, Lily of the Department of Justice, for the respondent