香港特別行政區 訴 彭炳堃

香港特別行政區 訴 彭炳堃

The Court refused leave because the trial judge lawfully and reasonably accepted the prosecution case, properly rejected the appellant's self-defence account on the evidence (victim testimony, CCTV and confession), and imposed a sentence that was within the appropriate range given the use of a knife, the seriousness...

Source-derived case information.

Citation
[2024] HKCA 763
Parties
Applicant: PANG PING KWAN (彭炳堃); Respondent: The Chief Executive in Council of the Hong Kong Special Administrative Region (HKSAR)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 August 2024
Case Number
CACC69/2024
Procedural Posture
Criminal Appeal (conviction and Sentence) / Application for Leave to Appeal to the Court of Appeal
Outcome
Application for leave to appeal against conviction and sentence refused
Legal Topics
Wounding With Intent, Self Defence, Use of Deadly Weapon, Credibility Assessment, Sentence Review, Application for Leave to Appeal
Source Language
ch
Criminal Law Appeal Sentencing Evidence Wounding With Intent Self Defence Use of Deadly Weapon Credibility Assessment +2 more

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Parties

PANG PING KWAN (彭炳堃)

Applicant

The Chief Executive in Council of the Hong Kong Special Administrative Region (HKSAR)

Respondent

Procedural Posture

Criminal Appeal (conviction and Sentence) / Application for Leave to Appeal to the Court of Appeal

  1. 1 Whether the conviction was unsafe given the evidence and credibility findings
  2. 2 Whether the appellant acted in lawful self-defence or used excessive force
  3. 3 Whether the sentence was manifestly excessive or wrong in principle

Ratio Decidendi

The Court refused leave because the trial judge lawfully and reasonably accepted the prosecution case, properly rejected the appellant's self-defence account on the evidence (victim testimony, CCTV and confession), and imposed a sentence that was within the appropriate range given the use of a knife, the seriousness of the injuries and the applicant's background; no arguable error of law or principle was shown on appeal.

Court Disposition

Application for leave to appeal against conviction and sentence refused

Orders

  • Leave to appeal refused
  • Original conviction and sentence of 3 years and 3 months imprisonment upheld