Hong Kong Case Law

9 Nov 2018

香港特別行政區 訴 CHAN MAN YIU

Citation

[2018] HKCA 804

Court

Court of Appeal

Case number

CACC177/2017

Given the geography and sequence of events, the only reasonable inference was that the person seen inside the house was the same person later confronted and arrested; the trial judge properly evaluated credibility, admissible statements and defence evidence and was entitled to find that the prosecution proved entry with intent to steal; appellate court will not interfere absent misdirection or lack of evidence.

• Identification evidence
• Credibility assessment
• Admission of cautioned statements
• Mens rea (intent to steal)
• Appellate review of factual findings