香港特別行政區 訴 陳栢燾

香港特別行政區 訴 陳栢燾

Bail pending appeal was refused because the applicant failed to demonstrate a reasonable prospect of success on appeal or special circumstances warranting bail under s.83R; the Court was not persuaded the trial judge made any material error in assessing credibility or omitted consideration of important matters, and...

Source-derived case information.

Citation
[2024] HKCA 764
Parties
Respondent: 香港特別行政區; Applicant: 陳栢燾
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 June 2024
Case Number
CACC45/2024
Procedural Posture
Criminal Bail Pending Appeal (section 83 R) / Application for Bail Pending Appeal Heard by Court of Appeal (bail Refused)
Outcome
Bail pending appeal refused; applicant remanded in custody to continue serving sentence
Legal Topics
Bail Pending Appeal, Assessment of Appeal Prospects, Credibility of Witnesses, Admission of New Evidence on Appeal, Concurrent Sentencing, Criminal Procedure Ordinance S.83 R
Source Language
ch
Criminal Law Bail and Surety Appeals Sentencing Bail Pending Appeal Assessment of Appeal Prospects Credibility of Witnesses Admission of New Evidence on Appeal +2 more

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Parties

香港特別行政區

Respondent

陳栢燾

Applicant

Procedural Posture

Criminal Bail Pending Appeal (section 83 R) / Application for Bail Pending Appeal Heard by Court of Appeal (bail Refused)

  1. 1 Whether bail pending appeal should be granted under s83R
  2. 2 Whether the appellant has a reasonable prospect of success on appeal
  3. 3 Whether the trial judge erred in rejecting the applicant's evidence or misstated material facts

Ratio Decidendi

Bail pending appeal was refused because the applicant failed to demonstrate a reasonable prospect of success on appeal or special circumstances warranting bail under s.83R; the Court was not persuaded the trial judge made any material error in assessing credibility or omitted consideration of important matters, and the applicant's asserted new evidence/witnesses and need to seek legal advice did not meet the stringent standards for admission on appeal nor justify release.

Court Disposition

Bail pending appeal refused; applicant remanded in custody to continue serving sentence

Orders

  • Bail application refused
  • Applicant to remain remanded in custody