香港特別行政區 訴 黎子謙

香港特別行政區 訴 黎子謙

Bail pending appeal was refused because the appeal has no real prospect of success: the conviction is supported by cogent cumulative circumstantial evidence (CCTV, vehicle linked to defendant, gait and belongings, false plate and notebook with defendant's print, implausible explanations) and there are no arguable...

Source-derived case information.

Citation
[2023] HKCA 153
Parties
Applicant: LAI Tsz him (黎子謙); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 February 2023
Case Number
CACC218/2022
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Outcome
Bail pending appeal refused
Legal Topics
Theft, Identification Evidence, Circumstantial Evidence, Appeal, Sentence
Source Language
ch
Criminal Law Evidence Bail Theft Identification Evidence Circumstantial Evidence Appeal Sentence

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Parties

LAI Tsz him (黎子謙)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal Application

  1. 1 Whether forty cartons were stolen from Mr Chan's truck
  2. 2 Whether the applicant was the person who stole the cartons
  3. 3 Whether there is a real prospect of success on appeal to justify bail

Ratio Decidendi

Bail pending appeal was refused because the appeal has no real prospect of success: the conviction is supported by cogent cumulative circumstantial evidence (CCTV, vehicle linked to defendant, gait and belongings, false plate and notebook with defendant's print, implausible explanations) and there are no arguable sentencing grounds presented.

Court Disposition

Bail pending appeal refused

Orders

  • Application for bail pending appeal is refused