香港特別行政區 訴 温鴻泰

香港特別行政區 訴 温鴻泰

Leave to appeal was refused because the applicant failed to identify any error in the trial judge's detailed credibility and factual findings; the trial judge correctly directed himself on the law, accepted the prosecution case as to voluntariness and ownership of the items, and there was no basis for overturning...

Source-derived case information.

Citation
[2022] HKCA 1148
Parties
Applicant: WEN Hongtai (温鴻泰); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 August 2022
Case Number
CACC209/2021
Procedural Posture
Criminal Leave to Appeal Against Conviction / Application for Leave to Appeal Against Conviction (refused)
Outcome
leave to appeal refused
Legal Topics
Possession of Articles for Stealing, Possession of Imitation Firearm, Voluntariness of Confession, Credibility Findings, Leave to Appeal
Source Language
ch
Criminal Law Evidence Appellate Review Possession of Articles for Stealing Possession of Imitation Firearm Voluntariness of Confession Credibility Findings Leave to Appeal

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Parties

WEN Hongtai (温鴻泰)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Leave to Appeal Against Conviction / Application for Leave to Appeal Against Conviction (refused)

  1. 1 whether the applicant's admissions were voluntary
  2. 2 whether the prosecution proved possession of the seized items and intent to use them for unlawful purposes
  3. 3 whether the appellate court should overturn the trial judge's credibility and factual findings

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any error in the trial judge's detailed credibility and factual findings; the trial judge correctly directed himself on the law, accepted the prosecution case as to voluntariness and ownership of the items, and there was no basis for overturning those conclusions on appeal.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal against conviction refused
  • Applicant warned under section 83W of the Criminal Procedure Ordinance and acknowledged understanding