HKSAR v. O\'BRIEN MICHAEL JOHN PATRICK

HKSAR v. O\'BRIEN MICHAEL JOHN PATRICK

The magistrate's factual findings that the appellant had no reasonable excuse for carrying the knife were entitled to deference; prior threats were sufficiently remote that they did not justify possession and there was no basis for the appellate court to disturb the conviction, therefore the appeal is dismissed.

Citation
HKSAR v. O\'BRIEN MICHAEL JOHN PATRICK
Parties
Respondent: HKSAR; Appellant: O'BRIEN MICHAEL JOHN PATRICK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2000
Case Number
HCMA47/2000
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Possession of Offensive Weapon, Reasonable Excuse/defence, Appellate Review of Magistrates' Findings, Identification Evidence
Source Language
EN
Criminal Law Evidence Weapons Offences Possession of Offensive Weapon Reasonable Excuse/defence Appellate Review of Magistrates' Findings Identification Evidence

Case Brief

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Parties

HKSAR

Respondent

O'BRIEN MICHAEL JOHN PATRICK

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant had a lawful or reasonable excuse for possession of the knife
  2. 2 Whether the magistrate's factual findings were such that the appellate court should interfere
  3. 3 Whether missing witnesses or absence of their statements rendered the conviction unsafe

Ratio Decidendi

The magistrate's factual findings that the appellant had no reasonable excuse for carrying the knife were entitled to deference; prior threats were sufficiently remote that they did not justify possession and there was no basis for the appellate court to disturb the conviction, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed
  • Conviction for possession of an offensive weapon in a public place upheld