香港特別行政區 訴 鄭嘉雄

香港特別行政區 訴 鄭嘉雄

Leave to appeal was granted because the trial judge's adverse inference that the applicant possessed and intended to use the altered credit card was open to real doubt: the existence of another person with a key and residence at the premises (per PW3 DPC 9467) and the trial judge's failure to correctly state or...

Source-derived case information.

Citation
[2021] HKCA 192
Parties
Applicant: 鄭嘉雄 (CHENG KA HUNG); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 February 2021
Case Number
CACC124/2020
Procedural Posture
Criminal Conviction Appeal (leave Application) / Permission Granted by Court of Appeal (leave to Appeal Against Conviction)
Outcome
Leave to appeal against conviction granted
Legal Topics
Possession, Intention to Use, Inference of Possession, Sufficiency of Evidence, Trial Judge's Handling of Witness Evidence
Source Language
ch
Criminal Law Evidence Search and Seizure Forgery and False Instruments Possession Intention to Use Inference of Possession Sufficiency of Evidence +1 more

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Parties

鄭嘉雄 (CHENG KA HUNG)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Conviction Appeal (leave Application) / Permission Granted by Court of Appeal (leave to Appeal Against Conviction)

  1. 1 Whether the evidence supported an irresistible inference that the applicant possessed the altered credit card
  2. 2 Whether possession plus admitted residence and key was sufficient to infer intent to use absent contrary evidence
  3. 3 Whether the trial judge misrepresented or failed to consider material witness evidence (PW3 DPC 9467) which undermined the inference of exclusive control

Ratio Decidendi

Leave to appeal was granted because the trial judge's adverse inference that the applicant possessed and intended to use the altered credit card was open to real doubt: the existence of another person with a key and residence at the premises (per PW3 DPC 9467) and the trial judge's failure to correctly state or consider that evidence meant the irresistible inference of exclusive possession and intent was not established, rendering the conviction potentially unsafe.

Court Disposition

Leave to appeal against conviction granted

Orders

  • Leave to appeal conviction granted