香港特別行政區 訴 黎緯迅

香港特別行政區 訴 黎緯迅

Leave to appeal was refused because the trial judge's acceptance of the complainant's credible account and rejection of the appellant's explanation was within permissible evaluation of evidence, and the three year sentence fell squarely within the established sentencing range for residential burglary.

Source-derived case information.

Citation
[2020] HKCA 682
Parties
Respondent: 香港特別行政區; Applicant: 黎緯迅 (Lai Wai Shun)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 August 2020
Case Number
CACC358/2019
Procedural Posture
Criminal Conviction and Sentence Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence refused; original conviction and three year sentence upheld
Legal Topics
Burglary, Entry With Intent to Steal, Credibility of Witnesses, Appeal From Conviction, Leave to Appeal
Source Language
ch
Criminal Law Sentencing Burglary Entry With Intent to Steal Credibility of Witnesses Appeal From Conviction Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

香港特別行政區

Respondent

黎緯迅 (Lai Wai Shun)

Applicant

Procedural Posture

Criminal Conviction and Sentence Appeal / Application for Leave to Appeal Against Conviction and Sentence

  1. 1 Whether the appellant unlawfully entered the premises with intent to steal
  2. 2 Whether the trial judge was entitled to disbelieve the appellant and accept the complainant
  3. 3 Whether the three year custodial sentence was manifestly excessive

Ratio Decidendi

Leave to appeal was refused because the trial judge's acceptance of the complainant's credible account and rejection of the appellant's explanation was within permissible evaluation of evidence, and the three year sentence fell squarely within the established sentencing range for residential burglary.

Court Disposition

Application for leave to appeal against conviction and sentence refused; original conviction and three year sentence upheld

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused