29 May 2014
香港特別行政區 訴 施能取
- Citation
- 香港特別行政區 訴 施能取
- Court
- Court of First Instance
- Case number
- HCMA214/2014
The High Court held the trial judge properly analysed the evidence and that it was open to conclude the vehicle and vending setup could 'likely cause obstruction'; the defence had addressed the alternative basis at trial so amending the particulars to 'likely to cause obstruction' caused no unfairness; the trial judge's acceptance of the prosecution witness's evidence and factual findings were entitled to deference; accordingly the convictions and fines were safe and must be upheld.