Chan Wah Ming v. The Queen
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IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 601 OF 1972 -----------------
----------------- Coram: Huggins, McMullin and Pickering, JJ. ----------------------------- JUDGMENT ----------------------------- Huggins, J.: 1. This is an appeal against a conviction on a charge of robbery. The Appellant was charged on two charges before the learned District Judge but the second charge was not proceeded with: separate trials were ordered and, when he was convicted on the first charge, no evidence was offered on the second. 2. The evidence for the prosecution was that a man and a woman were travelling in a lift which was stopped at a floor in which they were not interested and that two men then came into the lift and threatened them. They robbed the man of a wrist-watch and money and the woman of a platinum necklace and jade pendant and some further money. The Appellant was identified by both these persons as one of the intruders. The Appellant made a statement to the police in which he admitted having been involved in this robbery. In answer to the charge he again admitted having been involved. When he was visited by the police he was found to be in possession of a platinum necklace and a pawn ticket by means of which a watch was recovered. These articles were identified as part of the stolen property. The learned judge in a meticulous judgment warned himself of the dangers involved in identification both of persons and of property. 3. In our view there was ample evidence to justify the view which the learned judge came to and this application for leave to appeal is dismissed. 13th February, 1973 |