Chan Yiu Hung v. The Queen

CACC000688/1968

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 688 OF 1968

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Coram: Huggins, J.

Date of Judgment: 12 December 1968

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JUDGMENT

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Huggins, J:

1. The appellant was convicted of attempted larceny from the person and appeals against that conviction.

2. The evidence was of the completed offence. The appellant was on a bus. Another passenger had some money in the pocket of his shirt and he found the appellant lifting the money out of the pocket. When the offence was observed the appellant took his hand away, leaving the money half in and half out of the pocket. Two police officers happened to be going down the steps of the bus at the time. The appellant before me has upon this point (as upon others) completely misrepresented the evidence: it was never suggested that these police officers came downstairs as a result of a cry by the victim, although both a police officer and the victim himself said that the victim called out "picking pocket."

2. The appellant before me has merely repeated the story which he told to the magistrate, that he was thrown against the victim when the bus turned a corner and that the evidence against him is a pure fabrication. The learned magistrate rejected that story and I see no reason to disagree with him.

3. The appeal is dismissed.

12th December, 1968.

Representation:

Appellant in person

Mr. Evans for the Respondent