R. v. LI KWOK KEUNG

CACC000778/1995

IN THE COURT OF APPEAL

1995, No. 778
(Criminal)

BETWEEN
	THE QUEEN	Respondent
	AND
	LI KWOK KEUNG	Applicant

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Coram: Hon Power, V.-P., Mayo, J.A. and Sears, J.

Date of hearing: 15 May 1996

Date of judgment: 15 May 1996

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against his conviction for robbery.

2. The victim who was an elderly gentleman was walking in one of the corridors in a block at the Chai Wan Estate in the afternoon of the 3 August 1995.

3. Madam Ng who was a neighbour of the victim said that she heard him crying out for help. She looked out into the corridor and saw two men struggling with the victim. The victim's wife also heard the cries and both ladies dialled 999 on their telephones seeking police assistance. PC 47278 who happened to be in an adjoining block was advised on his beat radio that calls for assistance had been received from Block 15 and he ran there as quickly as possible. On arrival he saw the victim sitting on the staircase being assaulted by a man who it transpired was the applicant. He succeeded in subduing the applicant. The victim who has since died informed the officer that the applicant had beaten him and snatched his money. Longley DJ the trial judge was satisfied that this statement formed part of the res gestae and admitted the victim's statement as evidence.

4. Madam Ng said that one of the men she had seen attacking the victim had escaped prior to the arrival of the police officer.

5. Longley DJ accepted the police officer and Madam Ng as truthful and reliable witnesses.

6. The applicant did not give evidence or call any witnesses. It is not surprising that the judge found the charge proved beyond a reasonable doubt.

7. In the home-made grounds of appeal lodged by the applicant he claims that because the victim was unable to testify against him the judge should have "terminated" the trial. There is no merit whatever in this contention.

8. Before us the applicant submitted (1) no witness could say that he was the robber and (2) no exhibits save for the presence of the money were produced as evidence against him. This overlooks the evidence which was given by the police officer and Madam Ng whose evidence as we have said was believed by the trial judge. This conviction is in no way unsafe or unsatisfactory and the application is dismissed.

(N.P. Power)	(Simon Mayo)	(R.A.W. Sears)
Vice President	Justice of Appeal	Judge of the High Court

Representation:

Mr Frank Veltro, SCC for Crown Prosecutor

Li Kwok-keung - Applicant in person/present