香港特別行政區 訴 楊仲君

香港特別行政區 訴 楊仲君

Applicant's leave application was refused because the trial judge's credibility findings were supported by the evidence, the prosecution proved the elements of the offences beyond reasonable doubt, the alleged failings of trial counsel did not disclose arguable grounds for appeal, and the sentences imposed were...

Source-derived case information.

Citation
[2021] HKCA 1934
Parties
Applicant: YEUNG Chung kwan (楊仲君); Respondent: The Government of the Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 December 2021
Case Number
CACC42/2021
Procedural Posture
Criminal Appeal — Application for Leave Against Conviction and Sentence / Application for Leave to Appeal (court of Appeal)
Outcome
Application for leave to appeal refused
Legal Topics
Unlawful Entry/housebreaking, Theft, Criminal Damage, Failure to Surrender/failure to Attend Court, Ineffective Assistance of Counsel, Credibility Findings, Leave to Appeal
Source Language
ch
Criminal Law Criminal Procedure Sentencing Appeals Unlawful Entry/housebreaking Theft Criminal Damage Failure to Surrender/failure to Attend Court +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

YEUNG Chung kwan (楊仲君)

Applicant

The Government of the Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal — Application for Leave Against Conviction and Sentence / Application for Leave to Appeal (court of Appeal)

  1. 1 Whether the conviction for unlawful entry (and related theft) was safe given competing accounts of authorization to enter
  2. 2 Whether the applicant's complaint of counsel misconduct/worse performance disclosed arguable grounds for appeal
  3. 3 Whether the sentence for failure to surrender and the total sentence was manifestly excessive

Ratio Decidendi

Applicant's leave application was refused because the trial judge's credibility findings were supported by the evidence, the prosecution proved the elements of the offences beyond reasonable doubt, the alleged failings of trial counsel did not disclose arguable grounds for appeal, and the sentences imposed were within lawful range and not manifestly excessive.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused; no permission granted