香港特別行政區 訴 凌家宏

香港特別行政區 訴 凌家宏

The trial judge properly rejected the applicant's account, accepted the prosecution's evidence including cautioned admissions and identification, and those findings were not open to appellate criticism; therefore the application for leave to appeal against conviction was dismissed.

Source-derived case information.

Citation
[2020] HKCA 517
Parties
Applicant: LING Chia hun (凌家宏); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 June 2020
Case Number
CACC220/2019
Procedural Posture
Criminal Appeal Application for Leave to Appeal Against Conviction / Leave Application Hearing
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Conviction Appeal, Voluntariness of Cautioned Statements, Identification Evidence, Fraud by False Instruments, Handling of Stolen Property
Source Language
ch
Criminal Law Evidence Appellate Procedure Conviction Appeal Voluntariness of Cautioned Statements Identification Evidence Fraud by False Instruments Handling of Stolen Property

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Parties

LING Chia hun (凌家宏)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal Application for Leave to Appeal Against Conviction / Leave Application Hearing

  1. 1 Whether cautioned statements were voluntary and admissible
  2. 2 Whether identification evidence was reliable
  3. 3 Whether conviction was based on inference without factual basis or was supported by evidence

Ratio Decidendi

The trial judge properly rejected the applicant's account, accepted the prosecution's evidence including cautioned admissions and identification, and those findings were not open to appellate criticism; therefore the application for leave to appeal against conviction was dismissed.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction refused.
  • Applicant warned under section 83W of the Criminal Procedure Ordinance regarding risk of sentence reduction.