THE QUEEN v. CHUI KA-FAI
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CACC000598/1995
IN THE COURT OF APPEAL
1995, No. 598
(Criminal)
| THE QUEEN | ||
| AND | ||
| CHUI KA-FAI |
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Coram: Power, V.-P., Mortimer and Mayo, JJ.A.
Date: 19 January 1996
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J U D G M E N T
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Mortimer, J.A. (giving the judgment of the Court) :
1. This applicant was convicted by Deputy Judge Duggan in the Wanchai District Court on 17 August 1995 of two burglaries in domestic premises committed jointly with another person. He was sentenced to a period of training in a training centre. Now he applies for leave to appeal against his convictions.
The facts
2. On 17 July this applicant and two others went to Room 1442 in Lok Wah House. Using a crowbar they forced their way into the room which was unoccupied. The two others went in and stole the property in the count and the applicant kept the lookout. Out of that offence, the applicant himself got a video recorder. He sold it for $500 in order to pay his heroin addiction.
3. When he was arrested, other property was found at his home. He was asked about it. He admitted that he had taken part of that property by burgling a flat on a floor between the 8th and 12th floors of the same building. That was in another statement which he gave to the police.
Conclusion
4. At his trial, the admission of those statements was challenged, saying - as he says before us - that he had been assaulted and made to admit the offences.
5. Those matters concerning admissibility were considered by the judge. Having considered them, he rejected the applicant's account and admitted the statements. There is no basis for this Court to say that it is arguable, that the judge was wrong to admit those statements in evidence. Once the statements were admitted the evidence on both these counts was overwhelming. There is no merit in this application and it is refused.
| (N.P. Power) | (Barry Mortimer) | (Simon Mayo) |
| Vice President | Justice of Appeal | Justice of Appeal |
Representation:
Applicant in person
Mr Jackson Poon (Crown Prosecutor) for Crown/Respondent