Read the full judgment text of CACC 000449/2003 on BabelCite. This Court of Appeal judgment was delivered on 12 March 2004 before Hon Stuart-Moore VP, Stock JA and Gall J.
Criminal law – robbery – remaining unlawfully – leave to appeal – identification – consecutive sentences – totality principle – The applicant was convicted of robbery and remaining in Hong Kong unlawfully. He sought leave to appeal conviction on grounds including ineffective identification parade, inconsistency in officer's testimony, and opportunity to discard property. The Court of Appeal held that the judge properly considered all matters and the grounds were without merit. On sentence, the court applied R. v. Lam Ping Chun that 15 months is the normal sentence for unlawful presence, and where a person comes unlawfully and commits robbery, sentences should be consecutive. Both applications dismissed.
Legal issues: Leave to appeal conviction - robbery · Leave to appeal sentence - remaining unlawfully
Outcome: Application for leave to appeal conviction dismissed; application for leave to appeal sentence dismissed.