THE QUEEN v. LEUNG LAP SUN AND ANOTHER

THE QUEEN v. LEUNG LAP SUN AND ANOTHER

The convictions for going equipped for stealing were quashed because the facts (daytime, location in the 1st appellant's residence, ordinary work gloves, both appellants being transport workers) did not support the only reasonable inference that they were going equipped for stealing.

Citation
THE QUEEN v. LEUNG LAP SUN AND ANOTHER
Parties
Prosecution: THE QUEEN; 1st Appellant: LEUNG LAP SUN; 2nd Appellant: 2nd Appellant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 1988
Case Number
HCMA750/1988
Procedural Posture
Magistracy Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; convictions for going equipped for stealing quashed; other convictions and sentences upheld.
Legal Topics
Going Equipped for Stealing, Voluntariness of Cautioned Statements, Burglary, Appeal Against Conviction, Evidence and Inference, Sentence
Source Language
EN
Criminal Law Procedure Going Equipped for Stealing Voluntariness of Cautioned Statements Burglary Appeal Against Conviction Evidence and Inference Sentence

Case Brief

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Parties

THE QUEEN

Prosecution

LEUNG LAP SUN

1st Appellant

2nd Appellant

2nd Appellant

Procedural Posture

Magistracy Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether caution statements were voluntary
  2. 2 Whether possession of a crowbar and gloves supported inference of going equipped for stealing
  3. 3 Whether convictions for going equipped for stealing should be quashed

Ratio Decidendi

The convictions for going equipped for stealing were quashed because the facts (daytime, location in the 1st appellant's residence, ordinary work gloves, both appellants being transport workers) did not support the only reasonable inference that they were going equipped for stealing.

Court Disposition

Appeal allowed in part; convictions for going equipped for stealing quashed; other convictions and sentences upheld.

Orders

  • Convictions for going equipped for stealing quashed for each appellant.
  • Sentences imposed in respect of the quashed offences set aside.