R. v. LAM KAM HON

R. v. LAM KAM HON

The properly admitted confession together with corroborative circumstantial evidence rendered the conviction safe despite lack of positive identification, and the five year sentence was appropriate given the use of a knife, the victim's young child present and the appellant's prior convictions.

Source-derived case information.

Citation
R. v. LAM KAM HON
Parties
Applicant/appellant: Lam Kam Hon; Respondent/prosecution: The Queen
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 March 1995
Case Number
CACC355/1994
Procedural Posture
Criminal / Leave to Appeal Against Conviction and Sentence at Court of Appeal (heard 21 March 1995); Application Dismissed
Outcome
Leave to appeal against conviction and sentence dismissed; conviction and five years' imprisonment upheld.
Legal Topics
Robbery, Identification Evidence, Confessional Statements, Use of Weapon, Aggravating Factors, Leave to Appeal
Source Language
en
Criminal Law Sentencing Evidence Robbery Identification Evidence Confessional Statements Use of Weapon Aggravating Factors +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lam Kam Hon

Applicant/appellant

The Queen

Respondent/prosecution

Procedural Posture

Criminal / Leave to Appeal Against Conviction and Sentence at Court of Appeal (heard 21 March 1995); Application Dismissed

Legal Issues

  1. 1 Whether conviction is safe absent positive identification
  2. 2 Admissibility and weight of the confessional statement
  3. 3 Whether five year sentence is manifestly excessive

Ratio Decidendi

The properly admitted confession together with corroborative circumstantial evidence rendered the conviction safe despite lack of positive identification, and the five year sentence was appropriate given the use of a knife, the victim's young child present and the appellant's prior convictions.

Court Disposition

Leave to appeal against conviction and sentence dismissed; conviction and five years' imprisonment upheld.

Orders

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