Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Intent to steal
  • 24 Feb 2012

    HKSAR v. CHEAH CHEE SENG MICHAEL

    Citation
    HKSAR v. CHEAH CHEE SENG MICHAEL
    Court
    Court of First Instance
    Case number
    HCMA560/2011

    The magistrate lawfully considered the defence evidence, permissibly drew the only reasonable inference of intent to steal from the facts, any favourable good character direction did not prejudice the prosecution, and there was no legal or factual basis to disturb the conviction; therefore the appeal is dismissed.

  • 18 Apr 2011

    HKSAR v. TANG LAP SAN

    Citation
    HKSAR v. TANG LAP SAN
    Court
    Court of Appeal
    Case number
    CACC345/2010

    The judge properly considered all the evidence, was entitled to reject the applicant's explanation as incredible, and to draw the irresistible inference that the applicant entered the locked private room as a trespasser with intent to steal; accordingly the application for leave to appeal against conviction was without merit and dismissed.

  • 4 Mar 2003

    HKSAR v. CHEUNG WING CHING

    Citation
    HKSAR v. CHEUNG WING CHING
    Court
    Court of Appeal
    Case number
    CACC545/2002

    The Court held that the trial judge was justified in inferring intent to steal from the applicant's conduct of entering the hut and ransacking drawers, upholding the burglary conviction, and that the sentences imposed (18 months for burglary and 15 months for the immigration offence, consecutive) were within guidelines and not manifestly excessive; accordingly leave to appeal was refused.

  • 31 Aug 2001

    HKSAR v. IP YIU FAI

    Citation
    HKSAR v. IP YIU FAI
    Court
    Court of First Instance
    Case number
    HCMA454/2001

    The magistrate accepted the prosecution's witness and found beyond reasonable doubt that the appellant knowingly concealed unpaid goods and acted dishonestly; there was no legal misdirection on mens rea or burden, no necessity for a full Ghosh direction on these facts, and fresh expert evidence was properly refused for lack of reasonable explanation — therefore the conviction stands.