HCMA 651/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. HCMA 651 OF 2006

(ON APPEAL FROM TWCC 626 OF 2006)

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J U D G M E N T

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1.  The Magistrate was, in my view, entitled to feel sure, as he did, that the Appellant was the man who had conducted himself in the manner described by PW1 and PW2, whose evidence he was entitled to consider reliable, which he did. 

2.  I am also of the view that the Magistrate was entitled to conclude, as he did, that the only reasonable inference to be drawn from such conduct was that the Appellant had attempted to steal PW1’s property as charged.  No error was made by the Magistrate in how he went about convicting the Appellant of attempted theft. 

3.  This appeal against conviction is dismissed.