9 Jun 2023
HKSAR v. MUKUNGU COLLINS KITYO AND ANOTHER
- Citation
- [2023] HKCA 661
- Court
- Court of Appeal
- Case number
- CACC164/2022
The judge correctly refused to stay proceedings because the owner’s contemporaneous witness statement did not indicate abandonment and his absence did not unfairly prejudice the defence; the judge’s credibility findings and sentencing choices (including starting points and aggravating factors) were open on the evidence and not reasonably arguable as manifestly excessive, therefore leave to appeal was refused for both applicants.