Wong Ching Yuen v. The Queen
Read the full judgment text of CACC 278/1972 on BabelCite. This Court of Appeal judgment.
1. This is an appeal against conviction. on a charge of robbery. The principal witness in the court below was a student who gave evidence that when he was turning into Tin Kwong Road from Sheung Shing Street at 4.00 p.m. on the 2nd February, 1972, the appellant grabbed him round the neck and ordered him to raise no alarm but to hand over his wrist watch. The student was so alarmed that he did not dare resist. He took off the watch and gave it to the appellant. Then two police constables came alo
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CACC000278/1972 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 278 OF 1972 -----------------
----------------- Coram: Leonard, J. Date of Judgment: ----------------- JUDGMENT ----------------- 1. This is an appeal against conviction. on a charge of robbery. The principal witness in the court below was a student who gave evidence that when he was turning into Tin Kwong Road from Sheung Shing Street at 4.00 p.m. on the 2nd February, 1972, the appellant grabbed him round the neck and ordered him to raise no alarm but to hand over his wrist watch. The student was so alarmed that he did not dare resist. He took off the watch and gave it to the appellant. Then two police constables came along, he complained to them and they seized the watch from the defendant's hand and arrested him. 2. The two police officers gave corroborative evidence and were cross-examined by the appellant who suggested that in fact he was not arrested at the time and place in question but arrested while smoking heroin in Kowloon City. He also suggested to one officer in cross-examination that the officer offered him $600 asking him to admit guilt by taking these notes. The appellant elected to give evidence on oath. His evidence was that he was smoking heroin in Kowloon City and that the police constables approached him there. He went on to tell a story which was wholly unbelievable, but which was to the effect that the police officers had asked him to commit the crime for which he was arrested. I have, however, had to read the entire record in detail to discover what that story was. The learned magistrate's statement of findings was terse to the point of being useless to me. 3. However, I am quite satisfied that the learned magistrate believed, as he was fully entitled to do, the evidence of the complainant and the police officers and disbelieved, as he was indeed obliged to do by its nature, the evidence given by the appellant and am convinced beyond reasonable doubt of the appellant's guilt. 4. I must accordingly dismiss this appeal. It would, however, be of assistance to me, if in future, I could have a more detailed statement of findings.
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