香港特別行政區 訴 龍詠琳

香港特別行政區 訴 龍詠琳

Bail pending appeal refused because the applicant had no real prospect of success: the trial judge did not err in assessing the applicant's silence or in finding that objective CCTV and phone records were consistent with guilt; allegations of counsel incompetence were premature; there were no arguable grounds on...

Source-derived case information.

Citation
[2023] HKCA 174
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: LUNG WING LAM (龍詠琳)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 February 2023
Case Number
CACC2/2023
Procedural Posture
Criminal Appeal — Bail Pending Appeal / Application for Bail Pending Appeal (refused)
Outcome
Application for bail pending appeal refused.
Legal Topics
Assisting Unlawful Entrant, Bail Pending Appeal, Evidence (cctv and Phone Records), Right to Silence, Burden of Proof, Alleged Ineffective Assistance of Counsel, Sentencing
Source Language
ch
Criminal Law Bail Appellate Procedure Immigration Offences Assisting Unlawful Entrant Bail Pending Appeal Evidence (cctv and Phone Records) Right to Silence +3 more

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Parties

Hong Kong Special Administrative Region

Respondent

LUNG WING LAM (龍詠琳)

Applicant

Procedural Posture

Criminal Appeal — Bail Pending Appeal / Application for Bail Pending Appeal (refused)

  1. 1 Whether bail pending appeal should be granted
  2. 2 Whether trial judge erred in treating applicant's silence and thereby shifting burden
  3. 3 Relevance and probative value of telephone call records and CCTV evidence

Ratio Decidendi

Bail pending appeal refused because the applicant had no real prospect of success: the trial judge did not err in assessing the applicant's silence or in finding that objective CCTV and phone records were consistent with guilt; allegations of counsel incompetence were premature; there were no arguable grounds on sentence.

Court Disposition

Application for bail pending appeal refused.

Orders

  • Bail application refused