香港特別行政區 訴 黃林

香港特別行政區 訴 黃林

The trial judge's acceptance of the prosecution evidence that the appellant possessed the spray paint and intended to use it to mark the court wall was open on the evidence; the appellant's asserted motive of 'seeking redress' did not amount to a lawful excuse for damaging property, so the conviction and suspended...

Source-derived case information.

Citation
[2021] HKCFI 2231
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: 黃林
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2021
Case Number
HCMA387/2020
Procedural Posture
Criminal Conviction Appeal / Appeal Hearing and Judgment at Court of First Instance
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Possession With Intent to Damage Property, Lawful Excuse Defence, Sufficiency of Evidence, Sentencing Suspended Sentence
Source Language
ch
Criminal Law Property Damage Possession With Intent to Damage Property Lawful Excuse Defence Sufficiency of Evidence Sentencing Suspended Sentence

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Parties

Hong Kong Special Administrative Region

Respondent

黃林

Appellant

Procedural Posture

Criminal Conviction Appeal / Appeal Hearing and Judgment at Court of First Instance

  1. 1 Whether possession of spray paint established intent to damage property
  2. 2 Whether appellant's stated purpose to 'seek redress' amounted to a lawful excuse under the offence
  3. 3 Whether the evidence was sufficient to support the conviction and sentence

Ratio Decidendi

The trial judge's acceptance of the prosecution evidence that the appellant possessed the spray paint and intended to use it to mark the court wall was open on the evidence; the appellant's asserted motive of 'seeking redress' did not amount to a lawful excuse for damaging property, so the conviction and suspended sentence were properly upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed
  • Conviction for possession of an article with intent to damage property under Crimes Ordinance (Cap.200) s62(a) affirmed