JOHN EDWIN MINNEY v. HKSAR
HTML content
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 |
____________________________
D E T E R M I N A T I O N
____________________________
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