22 Mar 2007
HKSAR v. CHEUNG KA HO
- Citation
- HKSAR v. CHEUNG KA HO
- Court
- Court of First Instance
- Case number
- HCMA24/2007
Magistrate lawfully preferred prosecution witnesses over co‑defendants, and the admissible circumstantial evidence (joint movements, purchase and carriage of the hammer in the immediate presence of all, and appellant's admission he was there to look for somebody) supported an irresistible inference that appellant was a voluntary party to the joint enterprise and in legal possession with intent to use the hammer unlawfully; sentencing to a Rehabilitation Centre was within judicial discretion given seriousness and rehabilitative needs, therefore conviction and sentence were upheld.