R. v. WONG CHING MING and Another

R. v. WONG CHING MING and Another

The judge's direct assessment of witness credibility and corroboration by recovery of the victim's watch supported the conviction beyond reasonable doubt; there was no demonstrable unfairness in the identification or trial process and the sentence was within proper bounds given the vulnerability of taxi drivers and limited violence, so leave to appeal against conviction and sentence was refused.

Citation
R. v. WONG CHING MING and Another
Parties
Prosecution: The Queen; Applicant/appellant: Wong Ching Ming; Co Accused: Ng Chun Wing
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 December 1995
Case Number
CACC510/1995
Procedural Posture
Criminal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence refused; withheld $200 to be returned to applicant.
Legal Topics
Robbery, Identification Parade, Sentence, Illegal Entry, Return of Property
Source Language
EN
Criminal Law Evidence Criminal Procedure Robbery Identification Parade Sentence Illegal Entry Return of Property

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Parties

The Queen

Prosecution

Wong Ching Ming

Applicant/appellant

Ng Chun Wing

Co Accused

Procedural Posture

Criminal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Sufficiency of evidence for robbery conviction
  2. 2 Reliability and lawfulness of identification parade
  3. 3 Appropriateness of sentence given circumstances

Ratio Decidendi

The judge's direct assessment of witness credibility and corroboration by recovery of the victim's watch supported the conviction beyond reasonable doubt; there was no demonstrable unfairness in the identification or trial process and the sentence was within proper bounds given the vulnerability of taxi drivers and limited violence, so leave to appeal against conviction and sentence was refused.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence refused; withheld $200 to be returned to applicant.

Orders

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