香港特別行政區 訴 柯榮涵

香港特別行政區 訴 柯榮涵

The Court found the trial judge did not address the element of dishonest intent in respect of the theft charge; because that omission gives the proposed appeal a reasonable/arguable prospect of success, bail pending the leave to appeal hearing was granted subject to specified conditions.

Source-derived case information.

Citation
[2018] HKCA 377
Parties
Respondent: 香港特別行政區; Applicant: 柯榮涵 (KE WING HAM)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 June 2018
Case Number
CACC148/2018
Procedural Posture
Criminal Appeal — Bail Application Pending Appeal / Application for Bail Pending Leave to Appeal After Conviction and Sentence
Outcome
Bail granted pending determination of leave to appeal.
Legal Topics
Bail Pending Appeal, Elements of Theft (dishonesty), Standard of Proof, Leave to Appeal
Source Language
ch
Criminal Law Bail and Remand Appeal Procedure Bail Pending Appeal Elements of Theft (dishonesty) Standard of Proof Leave to Appeal

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Parties

香港特別行政區

Respondent

柯榮涵 (KE WING HAM)

Applicant

Procedural Posture

Criminal Appeal — Bail Application Pending Appeal / Application for Bail Pending Leave to Appeal After Conviction and Sentence

  1. 1 Whether the trial judge failed to consider the dishonesty element of theft
  2. 2 Whether the proposed appeal has a real/arguable prospect of success
  3. 3 Whether bail should be granted pending the determination of the leave to appeal and on what conditions

Ratio Decidendi

The Court found the trial judge did not address the element of dishonest intent in respect of the theft charge; because that omission gives the proposed appeal a reasonable/arguable prospect of success, bail pending the leave to appeal hearing was granted subject to specified conditions.

Court Disposition

Bail granted pending determination of leave to appeal.

Orders

  • Grant bail on HK$10,000 cash surety
  • Surrender all travel documents including Home Return Permit