10 Dec 2021
HKSAR v. SHIV KUMAR
- Citation
- [2021] HKCFI 3253
- Court
- Court of First Instance
- Case number
- HCMA38/2021
The court dismissed the appeal because the magistrate's credibility findings accepting the police evidence and rejecting the appellant's account were open to him on the evidence, the prosecution proved the elements of theft and unlawful possession beyond reasonable doubt (applying the Ghosh test for dishonesty), the failure to record every supplemental question did not render the trial unfair, and the sentences (3 months for theft and 18 months for possession, ordered concurrent) and the use of the Li Chang Li guideline were lawful and not excessive.