4 Mar 2010
The magistrate's credibility findings were reasonable; discrepancies were minor; the evidence proved intention and acts more than preparatory constituting attempted theft; absence of CCTV or independent witnesses did not render the conviction unsafe; therefore the appeal against conviction was dismissed.
20 Oct 2000
The magistrate was entitled to accept the police evidence and the appellant's oral admission; credibility findings are for the magistrate and there was no legal error in his approach, therefore the conviction and the sentence (22 months, being within the accepted starting point and discount) were properly imposed and must be upheld.
23 Nov 1999
The magistrate did not err: corroboration is not required for the offence, two eyewitnesses provided sufficiently consistent independent accounts, and the magistrate properly evaluated and accepted their evidence, so the conviction is upheld.
26 Jul 1990
Because the Magistrate did not make an essential finding as to ownership of the fish pond, the court could not determine whether the defendant acted as agent for the owner (the village) or for PW4; that omission rendered the conviction unsafe, the appeal was allowed and a retrial ordered on a fresh charge under s.9 of the Prevention of Bribery Ordinance, Cap. 201.
2 Feb 1989
Because the appellants were only 16 years of age the appellate court held that some allowance should be made and reduced each sentence from 15 months to 12 months imprisonment; the youth of 16 was a material mitigating factor sufficient to justify modest reduction though not suspension of custodial sentence.