29 Jan 2013
HKSAR v. SUBASINGHE MUDIYANESELAGE NANDIKA PIYAL
- Citation
- HKSAR v. SUBASINGHE MUDIYANESELAGE NANDIKA PIYAL
- Court
- Court of First Instance
- Case number
- HCMA357/2012
The Court upheld the magistrate's credibility finding as not plainly wrong, found the heatsink to be new and of value and therefore not abandoned, rejected the appellant's claim of an honest belief of abandonment, concluded the elements of theft under s.9 were established (dishonesty and intention to permanently deprive), dismissed the appeal against conviction, but allowed the appeal against sentence and substituted a recognisance of HK$1000 for the suspended 7-day imprisonment.