10 Oct 2023
The trial judge properly found the police witnesses credible and the appellant's voluntary on‑scene oral admission that he kept the bats and metal tube 'on his person' for use when carrying cash established the requisite intent to use the items as offensive weapons; possession could not be excused by self‑defence absent an immediate and particular threat, so the conviction was upheld.
1 Aug 2022
Trial judge's credibility findings, supported by CCTV and consistent eyewitness evidence, established that the appellant intentionally possessed and brandished the screwdriver to threaten and was prepared to use it to achieve his objective; no reasonable excuse was shown; conviction and the 5-week immediate sentence are safe and upheld.
30 Dec 2021
The appellate court refused to interfere because the trial magistrate's credibility findings and factual conclusions were rationally supported by the evidence (medical reports, witness testimony, and inconsistencies in the appellant's accounts); the appellant failed to demonstrate any material error of fact or law, so the conviction was upheld.
19 Dec 2000
The trial judge properly accepted the police evidence and rejected the applicant's self-defence account; accordingly the convictions under s17 Cap 212 and s33(1) Cap 245 are safe and sentences imposed were appropriate given the vicious, unjustified attack and are not to be reduced.
9 Aug 2000
The Court held the sentencing judge selected appropriate starting points, properly applied guilty plea reductions and concurrency, and therefore the aggregate sentence of 3 years and 4 months was not excessive and should be upheld.
14 Mar 1996
The appeal is allowed in part: the sentencing starting points and one-third guilty plea discount were appropriate in the circumstances, but because the two offences arose at the same time and from the same facts and each was committed in the course of the other, the sentences should have been ordered to run concurrently rather than consecutively.
9 Nov 1995
Although imprisonment is mandatory for the offence under s.33(2)(c) Cap.245, the 18 month sentence was excessive when account was taken of the applicant's youth, the adverse impact of interrupting the training centre order, mitigating material in reports and the plea; the sentence was reduced to 12 months imprisonment.
14 Feb 1992
The sentencing judge erred in ordering consecutive terms; given the circumstances (including the likelihood of deportation) it was unjust to run the terms consecutively. The proper disposition was to make the sentences concurrent and to reduce the total term to 15 months, with the term to run from 15 September to ensure the offender does not lose remission.
23 Feb 1988
The magistrate's finding that the constable was credible and that the statement was voluntarily made in the presence of the appellant's father was supported by evidence once the typographical error in the transcript was corrected by reference to the magistrate's notes; therefore the statement was admissible and the conviction was properly upheld.
19 Feb 1973
S.94A of the Criminal Procedure Ordinance places the burden of proving lawful authority or reasonable excuse on the defendant, so the prosecution need not adduce evidence to negative that exception; given credible prosecution witnesses and the knife found on the appellant, the conviction and the 12-month sentence were properly upheld.