HKSAR v. RANG ZHI TAI AND ANOTHER

HKSAR v. RANG ZHI TAI AND ANOTHER

The magistrate was entitled to accept PW3 and the two bus drivers as reliable witnesses; their evidence formed a continuous chain tracing the appellant from the restaurant to his apprehension and thereby established he was one of the group at Delifrance; on those facts the magistrate could properly find the appellant participated in a joint enterprise to steal and the conviction was safe; on sentence the appropriate starting point was adjusted by reference to authority and aggravating professional conduct, reducing each sentence to 18 months imprisonment.

Citation
HKSAR v. RANG ZHI TAI AND ANOTHER
Parties
1st Appellant: RANG ZHI TAI; 2nd Appellant: LAI MAU SUM; Respondent: HKSAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 1999
Case Number
HCMA7/1999
Procedural Posture
Magistracy Appeal (criminal) / Appeal to Court of First Instance (judgment)
Outcome
Conviction of 2nd Appellant upheld; appeals against sentence allowed in part and sentences reduced to 18 months imprisonment each.
Legal Topics
Theft, Identification, Joint Enterprise Liability, Appeal Against Conviction, Appeal Against Sentence, Sentence Mitigation and Aggravation
Source Language
EN
Criminal Law Theft Evidence Sentencing Identification Evidence Joint Enterprise Identification Joint Enterprise Liability +3 more

Case Brief

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Parties

RANG ZHI TAI

1st Appellant

LAI MAU SUM

2nd Appellant

HKSAR

Respondent

Procedural Posture

Magistracy Appeal (criminal) / Appeal to Court of First Instance (judgment)

Legal Issues

  1. 1 Whether identification evidence was sufficient to prove the 2nd Appellant was one of the group who stole the handbag
  2. 2 Whether the 2nd Appellant was personally involved in the theft or liable as part of a joint enterprise
  3. 3 Whether the sentences of two years were excessive and what the appropriate sentence should be

Ratio Decidendi

The magistrate was entitled to accept PW3 and the two bus drivers as reliable witnesses; their evidence formed a continuous chain tracing the appellant from the restaurant to his apprehension and thereby established he was one of the group at Delifrance; on those facts the magistrate could properly find the appellant participated in a joint enterprise to steal and the conviction was safe; on sentence the appropriate starting point was adjusted by reference to authority and aggravating professional conduct, reducing each sentence to 18 months imprisonment.

Court Disposition

Conviction of 2nd Appellant upheld; appeals against sentence allowed in part and sentences reduced to 18 months imprisonment each.

Orders

  • 2nd Appellant's appeal against conviction dismissed.
  • Original sentences of two years imprisonment imposed by the magistrate are set aside and substituted with sentences of 18 months imprisonment for each appellant.