香港特別行政區 訴 陳鎮顯

香港特別行政區 訴 陳鎮顯

Leave to appeal against conviction and sentence refused: identification was reliable on the basis of multiple matching clothing features and a matching umbrella and photographic evidence established the applicant had his finger on the shotgun trigger and pulled it; the trial judge did not err in law or fact in...

Source-derived case information.

Citation
[2023] HKCA 348
Parties
Applicant: Chan Chun Hin (陳鎮顯); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 March 2023
Case Number
CACC223/2021
Procedural Posture
Criminal Appeal (application for Leave) / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence refused
Legal Topics
Identification Evidence, Unlicensed Possession of Firearm (attempt), Riot, Appeal Against Conviction and Sentence, Obligation to Obtain Training Centre Reports
Source Language
ch
Criminal Law Evidence Sentencing Juvenile Justice Identification Evidence Unlicensed Possession of Firearm (attempt) Riot Appeal Against Conviction and Sentence +1 more

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Parties

Chan Chun Hin (陳鎮顯)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal (application for Leave) / Application for Leave to Appeal Against Conviction and Sentence

  1. 1 Reliability of visual identification evidence
  2. 2 Sufficiency of evidence for attempted unlicensed possession of a firearm
  3. 3 Whether trial judge erred by not obtaining training/rehabilitation centre reports for youth offender

Ratio Decidendi

Leave to appeal against conviction and sentence refused: identification was reliable on the basis of multiple matching clothing features and a matching umbrella and photographic evidence established the applicant had his finger on the shotgun trigger and pulled it; the trial judge did not err in law or fact in convicting or in declining to obtain training/rehabilitation centre reports; the sentence was not manifestly excessive.

Court Disposition

Application for leave to appeal against conviction and sentence refused

Orders

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