Leung Chun Ming v. The Queen
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CACC000614/1972 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 614 OF 1972 -----------------
----------------- Coram: Huggins, J. Date of Judgment: 31st October, 1972. ----------------- JUDGMENT ----------------- 1. This is an appeal against the conviction on a charge of robbery. Originally the Appellant appealed against conviction and sentence but he has abandoned his appeal against sentence. The grounds of appeal are, first, an improper rejection of evidence and, secondly, that there was no sufficient evidence whereon to found the conviction. The basis of the first complaint appears to be that, according to the Appellant, he asked the magistrate to send someone to see if his finger prints were on an iron bar which was said to have been used by him. If any such request was made, it was of course properly rejected because it is no function of the magistrate to send people to look for evidence. 2. The case for the Crown was that the alleged victim had come to a flat in Chatham Road from Kai Tak Airport: outside he saw a number of Chinese men including the Appellant: they demanded money from him and subsequently attacked him and stole £3 sterling from him: they then ran away but he caught hold of the Appellant: there was a struggle and then a constable arrived and arrested the Appellant. That was ample evidence, if believed, whereon to found a conviction. I have studied this record and I see no reason whatever to suspect that the magistrate may have come to a wrong decision. 3. The appeal is dismissed. 31st October, 1972. Representation: |