Read the full judgment text of CACC 000317/1996 on BabelCite. This Court of Appeal judgment was delivered on 6 June 1997 before Bokhary JA, Liu JA, Mayo JA.
Criminal law – burglary – theft – appeal against conviction – appeal against sentence – confession – recent possession – fingerprint evidence – leave to appeal – The four applicants were convicted of 10 burglary charges and 3 theft charges after trial. They were found on a boat with 172 used household items, gave confessional statements, and the 6th defendant's fingerprints were found at a burgled premises. The 4th defendant's confession did not cover the theft charges, but the judge mistakenly relied on it. The Court of Appeal quashed the 4th defendant's theft convictions but dismissed all other applications for leave to appeal against conviction and sentence, finding no merit in the challenges and the sentences not manifestly excessive.
Legal issues: Appeal against conviction for theft charges (D4) · Appeal against conviction for all charges (D4, D5, D6, D9) · Appeal against sentence (D4, D5, D6, D9)
Outcome: For the 4th defendant (Hoang Van Vuong): convictions on theft charges (11-13) quashed; applications for leave to appeal against conviction on burglary charges (1-10) and sentence dismissed. For the other applicants (Pham Van Phai, Pham Van Tu, Pham Van Trong): applications for leave to appeal against conviction and sentence dismissed.