香港特別行政區 對 招金發

香港特別行政區 對 招金發

The Court found the prosecution evidence—swapped registration documents and plates between the two motorcycles, applicant's possession of keys that operated his registered vehicle and the stolen motorcycle's trunk at his home, and the implausibility of the applicant's explanations—constituted overwhelming and...

Source-derived case information.

Citation
[2019] HKCA 945
Parties
Respondent: 香港特別行政區; Applicant: 招金發 (CHIU KAM FAT)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 August 2019
Case Number
CACC99/2018
Procedural Posture
Criminal Appeal / Renewal Application for Leave to Appeal Against Conviction (conviction Challenged)
Outcome
Renewal application for leave to appeal against conviction dismissed
Legal Topics
Theft, Forgery, Admissibility of Statements, Leave to Appeal, Inference From Possession of Stolen Property
Source Language
ch
Criminal Law Evidence Criminal Procedure Theft Forgery Admissibility of Statements Leave to Appeal Inference From Possession of Stolen Property

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Parties

香港特別行政區

Respondent

招金發 (CHIU KAM FAT)

Applicant

Procedural Posture

Criminal Appeal / Renewal Application for Leave to Appeal Against Conviction (conviction Challenged)

  1. 1 Whether the evidence was sufficient to support convictions for theft and forgery
  2. 2 Whether statements and recorded interviews were voluntary and admissible
  3. 3 Whether the renewal application for leave to appeal disclosed an arguable ground

Ratio Decidendi

The Court found the prosecution evidence—swapped registration documents and plates between the two motorcycles, applicant's possession of keys that operated his registered vehicle and the stolen motorcycle's trunk at his home, and the implausibility of the applicant's explanations—constituted overwhelming and compelling proof of theft and forgery; recorded interviews and admissions (where voluntary) were properly admitted; the renewal application disclosed no arguable ground and was dismissed; pursuant to Cap.221 s83W the Court ordered two months of detention while awaiting appeal not to be counted towards the sentence.

Court Disposition

Renewal application for leave to appeal against conviction dismissed

Orders

  • Renewal application dismissed
  • Two months of the period the applicant spent in custody while awaiting appeal shall not be counted as part of his sentence (pursuant to Cap.221 s83W)