香港特別行政區 訴 梁睿智

香港特別行政區 訴 梁睿智

The combination of possession of implements adapted for robbery and the applicant's clear admissions in a videotaped interview provided a reasonable basis to infer an intention to commit robbery/burglary; the trial judge's adverse credibility finding was properly reached and therefore the conviction was upheld and...

Source-derived case information.

Citation
[2019] HKCA 332
Parties
Respondent: 香港特別行政區; Applicant: 梁睿智 (LEUNG YUI CHI)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 March 2019
Case Number
CACC1/2019
Procedural Posture
Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Against Conviction to the Court of Appeal
Outcome
Application for leave to appeal against conviction refused; conviction and sentence upheld.
Legal Topics
Possession of Implements for Theft/robbery, Intent (mens Rea), Credibility of Evidence, Police Interview Admissions
Source Language
ch
Criminal Law Appeal Possession of Implements for Theft/robbery Intent (mens Rea) Credibility of Evidence Police Interview Admissions

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Parties

香港特別行政區

Respondent

梁睿智 (LEUNG YUI CHI)

Applicant

Procedural Posture

Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Against Conviction to the Court of Appeal

  1. 1 Whether possession of items and admissions suffice to infer intent to commit robbery or burglary
  2. 2 Whether the trial judge erred in rejecting the applicant's exculpatory account and in assessing credibility
  3. 3 Whether the police-recorded and videotaped statements were properly relied upon

Ratio Decidendi

The combination of possession of implements adapted for robbery and the applicant's clear admissions in a videotaped interview provided a reasonable basis to infer an intention to commit robbery/burglary; the trial judge's adverse credibility finding was properly reached and therefore the conviction was upheld and leave to appeal refused.

Court Disposition

Application for leave to appeal against conviction refused; conviction and sentence upheld.

Orders

  • Application for leave to appeal against conviction refused.
  • Conviction for possession of article for use in theft/robbery upheld.