香港特別行政區 訴 范帥榮

香港特別行政區 訴 范帥榮

The court upheld the trial judge's finding that, on the totality of the evidence—pre‑incident association, contemporaneous phone records, observed conduct at the scene and post‑offence behaviour—the applicant was aware of and participated in the robbery; there was no error justifying overturning the conviction or...

Source-derived case information.

Citation
香港特別行政區 訴 范帥榮
Parties
Respondent: 香港特別行政區; Applicant: 范帥榮 (FAN SUI WING)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 September 2014
Case Number
CACC77/2014
Procedural Posture
Criminal Appeal Against Conviction / Application for Permission to Appeal Against Conviction (out of Time) Heard and Dismissed
Outcome
Application for permission to appeal against conviction (out of time) dismissed; conviction and sentence upheld
Legal Topics
Robbery, Joint Enterprise/participation, Credibility Assessment, Circumstantial Evidence, Phone Record Evidence
Source Language
ch
Criminal Law Appeals Evidence Robbery Joint Enterprise/participation Credibility Assessment Circumstantial Evidence Phone Record Evidence

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Parties

香港特別行政區

Respondent

范帥榮 (FAN SUI WING)

Applicant

Procedural Posture

Criminal Appeal Against Conviction / Application for Permission to Appeal Against Conviction (out of Time) Heard and Dismissed

  1. 1 Whether the applicant participated in the robbery or was an innocent bystander
  2. 2 Whether the trial judge erred in rejecting the applicant's evidence and inferences drawn from phone records and conduct
  3. 3 Whether cumulative circumstantial evidence sufficed to support a conviction

Ratio Decidendi

The court upheld the trial judge's finding that, on the totality of the evidence—pre‑incident association, contemporaneous phone records, observed conduct at the scene and post‑offence behaviour—the applicant was aware of and participated in the robbery; there was no error justifying overturning the conviction or granting late permission to appeal.

Court Disposition

Application for permission to appeal against conviction (out of time) dismissed; conviction and sentence upheld

Orders

  • Application for leave to appeal against conviction (out of time) dismissed
  • Conviction for robbery under Theft Ordinance (Cap. 210) s10 and sentence of 54 months' imprisonment upheld