13 Nov 2007
HKSAR v. CHIU KWOK WAI CAESAR
- Citation
- HKSAR v. CHIU KWOK WAI CAESAR
- Court
- Court of Appeal
- Case number
- CACC294/2006
Because the police had taken constructive custody of the vehicles (they were aware the vehicles were stolen and kept them under observation), the vehicles ceased to be stolen goods under s 26(3) Theft Ordinance; therefore the conviction for handling stolen goods was unsustainable and must be quashed and substituted with an attempt to handle stolen goods. The sentences were not manifestly excessive and were upheld because the defendants' culpability, planning and aggravating circumstances remained unchanged and possession of forged plates justified separate punishment or an additional sentence.