Read the full judgment text of CACC 12/2018 on BabelCite. This Court of Appeal judgment was delivered on 2 February 2018 before 朱芬齡.
Criminal law – bail pending appeal – burglary – whether applicant showed high prospect of success or short sentence – test under HKSAR v Lau Man Kin [2010] 1 HKLRD 336 – applicant convicted after trial of one count of burglary in District Court and sentenced to 2 years and 6 months' imprisonment – leave to appeal against conviction applied for – application for bail pending appeal – key issue whether applicant's intended ground of appeal had high prospect of success – proposed ground that police could not prove items seen in rooftop CCTV footage were a torch and glasses were not found on applicant at arrest – court reviewed CCTV evidence and noted footage showed man without glasses in some segments and holding torch in earlier segments – unchallenged evidence showed applicant was sole baseball-cap-wearing man on rooftop for about 50 minutes, interfered with CCTV camera, and was intercepted carrying vases and electric planer belonging to rooftop hut – trial judge's assessment of credibility not shown to be flawed – absence of glasses and torch at arrest not decisive given totality of evidence – court doubted whether proposed ground amounted to unsafe conviction and noted that even if conviction were unsafe, Court of Appeal might substitute handling stolen goods conviction with similar sentence – applicant did not meet high threshold required for bail pending appeal – bail application refused.
Legal issues: Whether bail should be granted pending appeal
Outcome: Application for bail pending appeal refused.
Cited by 1 case