Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Theft offence

Legal area

Court

10 Feb 2012

HKSAR v. BERNARDINO LAILA GARVO

Citation

HKSAR v. BERNARDINO LAILA GARVO<br>
Court

Court of First Instance
Case number

HCMA522/2011

The magistrate independently and reasonably assessed credibility, applied the same test to both sides, found PW1 credible on objective facts (size of garments, condition of hole-puncher) and rejected the appellant's account; there was ample evidence to support the conviction and no error of law or principle in the magistrate's reasoning, so the appeal is dismissed.
16 Apr 2004

HKSAR v. MAN WAI SHING

Citation

HKSAR v. MAN WAI SHING
Court

Court of First Instance
Case number

HCMA322/2004

A magistrate has no jurisdiction to impose a DATC order so that it runs concurrently with or commences after an existing sentence of imprisonment; because the DATC order could not lawfully operate while the appellant was serving an existing prison sentence, the DATC order was set aside and replaced with a two-month imprisonment term to be served consecutively to the existing sentence.