香港特別行政區 訴 朱明仁

香港特別行政區 訴 朱明仁

The presence of the applicant's two right palm prints on the stolen cashbox, combined with the undisputed facts about where the cashbox was found and the applicant's failure to give evidence to explain the prints, permitted the sole irresistible inference that he participated in the burglary and stole the money;...

Source-derived case information.

Citation
[2019] HKCA 836
Parties
Respondent: 香港特別行政區; Applicant: 朱明仁 (CHU MING YAN)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 July 2019
Case Number
CACC362/2017
Procedural Posture
Criminal Appeal (conviction) / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Burglary, Breaking and Entering, Fingerprint Evidence, Circumstantial Evidence, Identification
Source Language
ch
Criminal Law Property Offences Evidence Burglary Breaking and Entering Fingerprint Evidence Circumstantial Evidence Identification

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

香港特別行政區

Respondent

朱明仁 (CHU MING YAN)

Applicant

Procedural Posture

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

  1. 1 Sufficiency of fingerprint evidence to support conviction
  2. 2 Whether circumstantial evidence permitted only one irresistible inference
  3. 3 Standard of appellate review of trial judge's factual inferences

Ratio Decidendi

The presence of the applicant's two right palm prints on the stolen cashbox, combined with the undisputed facts about where the cashbox was found and the applicant's failure to give evidence to explain the prints, permitted the sole irresistible inference that he participated in the burglary and stole the money; consequently the trial judge's guilty inference was correct and leave to appeal against conviction was refused.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction refused
  • Conviction upheld