Criminal Appeal judgment no. CACC406/2009
Judgment Date | 16 September 2010 |
Citation | [2011] 4 HKLRD 149 |
Year | 2009 |
Judgement Number | CACC406/2009 |
Subject Matter | Criminal Appeal |
Court | Court of Appeal (Hong Kong) |
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香港特別行政區 訴 麥培昌
- Hong Kong
- Court of Appeal (Hong Kong)
- 23 Diciembre 2011
...2 HKLRD 782。但同時若果原審法官採用另一個基礎的話,他是必須給予控辯雙方機會向法庭作出陳詞。上訴法庭是否會因為原審法官以另一個基礎作出定罪的判決而撤銷定罪是要視乎案件有沒有不公平之處,特別是法官的做法是否對被告人造成不利或傷害。另見:香港特別行政區訴鄭書武[2011] 4 HKLRD 149 及R v. Falconer-Atlee [1974] 58 CR App R 36. 在本案,控方的立場是有關的貨櫃是同一批貨物,申請人在取得兩個貨櫃的「放貨單」後,他就擁有該兩個貨櫃的控制權,這就等於他收取了貨櫃內的贓物。林法官卻以另一個基礎來裁定申請人「企圖處理贓物罪」罪...... -
香港特別行政區 訴 陳勝佳
- Hong Kong
- High Court (Hong Kong)
- 18 Septiembre 2015