Case Details

Citation

JOHN EDWIN MINNEY v. HKSAR, FAMC 60/2011

Case Number

FAMC 60/2011

Court

Court of Final Appeal

(CFA)

Decision Date

24 February 2012

Parties

Applicant(s):

JOHN EDWIN MINNEY

Respondent(s):

HKSAR

For Applicant(s):

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

For Respondent(s):

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

JOHN EDWIN MINNEY v. HKSAR

FAMC 60/2011

Court of Final Appeal24 February 2012

FAMC60/2011 JOHN EDWIN MINNEY v. HKSAR

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

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

HKSAR v WHEELBAND PHILIP GEORGE
DC · 28 Sept 2010
On appeal from
HKSAR v. MINNEY, JOHN EDWIN
CA · 6 Apr 2011
On appeal from
HKSAR v. MINNEY, JOHN EDWIN
CA · 23 Nov 2011
On appeal from
JOHN EDWIN MINNEY v. HKSAR
CFA · 24 Feb 2012
This judgment
HKSAR v. MINNEY, JOHN EDWIN
CFA · 25 Jan 2013
On appeal from