22 Sept 2022
香港特別行政區 訴 呂俊仁
- Citation
- [2022] HKCA 1413
- Court
- Court of Appeal
- Case number
- CACC262/2021
The Court held the evidence (CCTV, witness testimony, recovered items and the plan-like sequence of collision, threat and retreat), together with the applicant's silence and lack of exculpatory evidence, permitted the reasonable inference that the applicant possessed a gun-shaped object (an imitation firearm) at the time of committing the criminal damage; possession includes having the object within immediate reach and the trial judge's finding and sentencing exercise were not vitiated by error and thus the leave application fails.