HKSAR v. SIN LONG AND ANOTHER

HKSAR v. SIN LONG AND ANOTHER

The Magistrate's findings accepting the police evidence were open on the evidence, no adverse inference was improperly drawn from the 1st appellant's silence, and the sentence (18 months) was within the permissible range given the aggravating factor of acting in concert; therefore convictions and sentences must stand.

Citation
HKSAR v. SIN LONG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Sin Long; 2nd Appellant: Chan Sothorn
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 1998
Case Number
HCMA495/1998
Procedural Posture
Magistracy Appeal (criminal) / Appeal Against Conviction and Sentence; Judgment Delivered
Outcome
Appeals against conviction and sentence dismissed; convictions and sentences upheld
Legal Topics
Theft, Pickpocketing, Appeal Against Conviction, Appeal Against Sentence, Credibility of Witnesses, Character Evidence
Source Language
EN
Criminal Law Procedural Law Sentencing Theft Pickpocketing Appeal Against Conviction Appeal Against Sentence Credibility of Witnesses +1 more

Case Brief

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Parties

HKSAR

Respondent

Sin Long

1st Appellant

Chan Sothorn

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Against Conviction and Sentence; Judgment Delivered

Legal Issues

  1. 1 Whether the conviction was safe given the evidence and the 1st appellant's election not to give evidence
  2. 2 Whether any adverse inference was improperly drawn from the 1st appellant's silence
  3. 3 Whether the sentence was excessive or outside the proper range for pickpocketing, particularly where defendants acted in concert

Ratio Decidendi

The Magistrate's findings accepting the police evidence were open on the evidence, no adverse inference was improperly drawn from the 1st appellant's silence, and the sentence (18 months) was within the permissible range given the aggravating factor of acting in concert; therefore convictions and sentences must stand.

Court Disposition

Appeals against conviction and sentence dismissed; convictions and sentences upheld

Orders

  • Appeals dismissed
  • Convictions and sentences of 18 months imprisonment for each appellant upheld