R. v. CHAN WU NAM

R. v. CHAN WU NAM

The trial judge's acceptance of the accomplice's evidence and rejection of the alibi was within his discretion, no legal error was shown in his assessment or reasons, and the appellate court will not overturn those factual findings; therefore the application for leave to appeal is dismissed and the conviction stands.

Source-derived case information.

Citation
R. v. CHAN WU NAM
Parties
Respondent (crown): THE QUEEN; Applicant (accused): CHAN WU NAM
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 November 1996
Case Number
CACC298/1996
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
Application for leave to appeal dismissed; conviction upheld.
Legal Topics
Robbery, Credibility of Witnesses, Accomplice Evidence, Reasons for Verdict
Source Language
en
Criminal Law Evidence Appellate Procedure Robbery Credibility of Witnesses Accomplice Evidence Reasons for Verdict

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Parties

THE QUEEN

Respondent (crown)

CHAN WU NAM

Applicant (accused)

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant was a party to the robbery
  2. 2 Whether the sole prosecution witness (an accomplice) was credible
  3. 3 Whether the trial judge erred in assessing witnesses or providing adequate reasons such that the conviction is unsafe

Ratio Decidendi

The trial judge's acceptance of the accomplice's evidence and rejection of the alibi was within his discretion, no legal error was shown in his assessment or reasons, and the appellate court will not overturn those factual findings; therefore the application for leave to appeal is dismissed and the conviction stands.

Court Disposition

Application for leave to appeal dismissed; conviction upheld.

Orders

  • Leave to appeal dismissed
  • Conviction affirmed