20 Sept 2011
Because there was evidence supporting each conviction and no error in the Magistrate's approach to the evidence, the appeal was dismissed and the convictions were upheld.
9 Sept 2009
Although the notice of intended prosecution was sent by recorded delivery rather than registered post, the appellant suffered no prejudice because the summons for careless driving was sent to the same address which she answered and the police contacted her by telephone on 21 January 2008; the magistrate was entitled to accept the prosecution witnesses' evidence; therefore the appeal against conviction must be dismissed.
28 Aug 2008
The magistrate was entitled to accept the evidence of the two marine police officers despite alleged minor discrepancies because those matters did not contradict the material evidence that boxes were transferred to a speedboat and taken into Mainland waters; on the totality of circumstantial evidence (remote location, lorry backed close to boats, prolonged unloading, appellant's conduct) it was open to infer beyond reasonable doubt that the appellant was party to the conspiracy, and the appeal was therefore dismissed.
14 May 2003
Taken in context the trial magistrate's dismissal of the defence as speculative and the comment about the applicant's omission did not stray beyond the limits established by Li Defan and therefore did not amount to a departure from accepted norms causing substantial and grave injustice; accordingly leave to appeal is refused.
24 Apr 2003
The magistrate's failure to indicate how he dealt with an important discrepancy in the prosecution evidence about the appellant's alleged admissions meant the conviction was unsafe and had to be set aside.
30 Jul 2002
The appeal was dismissed because the Magistrate’s acceptance of prosecution evidence and rejection of the appellant’s account and the experts’ opinions was open on the evidence; the Magistrate correctly applied the law that treating the thing as one’s own to dispose of regardless of the owner’s rights supports an inference of intent to permanently deprive, and the psychiatric evidence did not negate mens rea.
6 Dec 1991
The appeal was allowed because the magistrate failed to consider material factors undermining the constable's account, leaving a lingering doubt as to the defendant's guilt; accordingly the conviction, fine and costs order were set aside.