HKSAR v. SINGH KULWIR

HCMA 767/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 767 OF 2004

(ON APPEAL FROM KCCC 5107/2004)

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J U D G M E N T

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1. The Appellant was convicted after trial of a single charge of theft.

2. This was a straightforward matter, the outcome of which depended upon the credibility of the witnesses, including the Appellant. The lady whose purse was stolen related how she had left it in a room with the Appellant: when she returned, the Appellant and the purse were no longer there. The Appellant's version was that he had handed her a $1,000.00 note: she had left the room to fetch change: when she had not returned after some 10 to 15 minutes he had become bored and departed.

3. As he was entitled to do, the Magistrate accepted the evidence of the three prosecution witnesses. He was aware of a discrepancy between the victim's witness statement and the evidence she gave in court: he dealt with that. He was also aware of the fact that the victim had an extensive criminal record whilst the Appellant was of previous good character.

4. For compelling reasons, not the least of which was that the stolen items were found on his person upon his arrest minutes after the theft, the Magistrate rejected the Appellant's version. He accurately characterized it as being "...against logic and commonsense." He was aware of the fact that the Appellant had consumed alcohol prior to the theft but was satisfied, on the evidence, that this had no adverse affect on his faculties at the time.

5. The claim that the Appellant was depressed at the time was not one that was raised during the trial at any stage. The Appellant specifically elected to represent himself at trial.

6. The appeal is dismissed.

Representation:

Ms Vivien Chan, GC, for Respondent

Singh Kulwir, in person