13 Apr 2022
香港特別行政區 訴 林運興
- Citation
- [2022] HKCFI 1029
- Court
- Court of First Instance
- Case number
- HCMA350/2020
Although the appellant appropriated the items, the prosecution failed to prove dishonesty beyond reasonable doubt under the Ghosh test given the evidence that the land was used openly by villagers, photographs showing the items placed in plain view after removal, contemporaneous conduct suggesting removal of an obstruction and the trial judge's failure to analyse the appellant's disposal method and intent; conviction was unsafe and must be quashed.