香港特別行政區 訴 SRI NURHAYATI

香港特別行政區 訴 SRI NURHAYATI

The appeal was dismissed because the trial judge reasonably accepted the witness who had closely observed the appellant for over an hour and saw direct exchanges consistent with sale; that factual finding was not shown to be plainly wrong and did not render the conviction unsafe.

Source-derived case information.

Citation
[2019] HKCFI 1180
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: SRI NURHAYATI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 2019
Case Number
HCMA589/2018
Procedural Posture
Criminal Appeal (conviction) / Appeal Against Conviction to High Court (court of First Instance)
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Breach of Condition of Stay, Hawking/unauthorised Street Vending, Identification Evidence, Witness Reliability, Appeal Against Conviction
Source Language
ch
Criminal Law Immigration Law Regulatory Offences (hawking/street Trading) Breach of Condition of Stay Hawking/unauthorised Street Vending Identification Evidence Witness Reliability Appeal Against Conviction

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Parties

Hong Kong Special Administrative Region

Respondent

SRI NURHAYATI

Appellant

Procedural Posture

Criminal Appeal (conviction) / Appeal Against Conviction to High Court (court of First Instance)

  1. 1 Whether the witness correctly identified the appellant as the vendor
  2. 2 Whether the evidence established a sale (exchange of money for food) rather than other explanations
  3. 3 Whether the trial judge's acceptance of the witness was unsafe or unreliable

Ratio Decidendi

The appeal was dismissed because the trial judge reasonably accepted the witness who had closely observed the appellant for over an hour and saw direct exchanges consistent with sale; that factual finding was not shown to be plainly wrong and did not render the conviction unsafe.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed.
  • Conviction and sentence of 9 weeks' imprisonment upheld.