THE QUEEN v. CHAN TUNG HUNG

THE QUEEN v. CHAN TUNG HUNG

The court held that the circumstantial evidence was cogent and compelling and, given the close temporal and geographical proximity to the robbery, the association with co-accused found with incriminating items and the absence of exculpatory circumstances, the irresistible inference of guilt was justified; leave to...

Source-derived case information.

Citation
THE QUEEN v. CHAN TUNG HUNG
Parties
Respondent (prosecution): THE QUEEN; Applicant / Accused: CHAN TUNG HUNG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 July 1991
Case Number
CACC568/1990
Procedural Posture
Criminal Appeal (leave to Appeal) / Court of Appeal Hearing on Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction dismissed; leave to appeal against sentence refused; conviction and sentence affirmed.
Legal Topics
Robbery, Circumstantial Evidence, Identification Evidence, Possession of Weapon, Sentence/probation
Source Language
en
Criminal Law Evidence Appellate Review Robbery Circumstantial Evidence Identification Evidence Possession of Weapon Sentence/probation

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Parties

THE QUEEN

Respondent (prosecution)

CHAN TUNG HUNG

Applicant / Accused

Procedural Posture

Criminal Appeal (leave to Appeal) / Court of Appeal Hearing on Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether circumstantial and identification evidence established guilt beyond reasonable doubt
  2. 2 Whether the appellant's silence permitted an adverse inference
  3. 3 Whether the sentence should be reduced to probation

Ratio Decidendi

The court held that the circumstantial evidence was cogent and compelling and, given the close temporal and geographical proximity to the robbery, the association with co-accused found with incriminating items and the absence of exculpatory circumstances, the irresistible inference of guilt was justified; leave to appeal against conviction and sentence was refused.

Court Disposition

Leave to appeal against conviction dismissed; leave to appeal against sentence refused; conviction and sentence affirmed.

Orders

  • Application for leave to appeal against conviction dismissed
  • Application for leave to appeal against sentence refused