Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Amendment of indictment/charge
  • 2 Nov 2006

    HKSAR v. CHAN CHUN YEUNG AND ANOTHER

    Citation
    HKSAR v. CHAN CHUN YEUNG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC45/2006

    1st applicant: Conviction for conspiracy to defraud upheld because PW32's admission together with independent evidence (use of forged cheques, false names, handovers and witness identifications) proved participation beyond reasonable doubt; leave to appeal conviction refused. Sentence reduced on appeal from 44 months to 18 months because of the applicant's youth and clear record. 2nd applicant: Prosecution conceded insufficient proof of conspiratorial agreement; conviction on the conspiracy charge quashed. Proposed amendment to theft on appeal refused because substitution would cause injustic…