12 May 2017
香港特別行政區 訴 陳向東
- Citation
- 香港特別行政區 訴 陳向東
- Court
- Court of Appeal
- Case number
- CACC121/2016
The Court held that despite defective drafting of counts 2–6 (lack of particularity linking each phone to a specific count), the totality of admissible evidence — applicant and co‑defendant observed engaged in pickpocketing, five non‑new phones without SIMs found in applicant's backpack at the time of arrest, two phones matched owners who lost them nearby hours earlier — permitted the only safe inference that the five phones were stolen and in the applicant's possession as part of the thefts; however, fairness required amendment of the particulars under s23(1) to identify each phone with each…