香港特別行政區 訴 陳栢燾

香港特別行政區 訴 陳栢燾

The leave application was refused because the grounds attacked the trial judge's factual findings and credibility assessments; those findings and inferences were reasonable and not plainly wrong, and the prosecution evidence was sufficient to support the convictions.

Source-derived case information.

Citation
[2025] HKCA 397
Parties
Respondent: 香港特別行政區; Applicant: CHAN PAK TO (陳栢燾)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 April 2025
Case Number
CACC45/2024
Procedural Posture
Criminal Leave to Appeal Against Conviction / Court of Appeal Hearing on Application for Leave (conviction)
Outcome
Application for leave to appeal against conviction refused; convictions and sentence upheld
Legal Topics
Assault Causing Actual Bodily Harm, False Imprisonment, Extortion/blackmail, Credibility Assessment, Standard of Appellate Review (factual Findings)
Source Language
ch
Criminal Law Appeal Evidence Assault Causing Actual Bodily Harm False Imprisonment Extortion/blackmail Credibility Assessment Standard of Appellate Review (factual Findings)

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Parties

香港特別行政區

Respondent

CHAN PAK TO (陳栢燾)

Applicant

Procedural Posture

Criminal Leave to Appeal Against Conviction / Court of Appeal Hearing on Application for Leave (conviction)

  1. 1 Whether the trial judge erred in assessing credibility and drawing inferences (including inference that appellant removed the complainant's identity card to photocopy)
  2. 2 Whether the prosecution proved beyond reasonable doubt the offences of assault causing actual bodily harm, unlawful confinement and extortion
  3. 3 Whether an appeal court should disturb primary fact‑finding absent clear error

Ratio Decidendi

The leave application was refused because the grounds attacked the trial judge's factual findings and credibility assessments; those findings and inferences were reasonable and not plainly wrong, and the prosecution evidence was sufficient to support the convictions.

Court Disposition

Application for leave to appeal against conviction refused; convictions and sentence upheld

Orders

  • Leave to appeal refused
  • Convictions to stand