香港特別行政區 訴 于連畯

香港特別行政區 訴 于連畯

Appellate court, on re‑hearing, accepted trial judge's credibility findings and reasoning that the directional palm sweep from knee to thigh was deliberate and not accidental; the trial judge's interventions were legitimate clarifications, D2 contained inconsistent assertions undermining the appellant's...

Source-derived case information.

Citation
[2025] HKCFI 3798
Parties
Respondent: 香港特別行政區; Appellant: 于連畯
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2025
Case Number
HCMA365/2024
Procedural Posture
Criminal Appeal Against Conviction and Sentence (magistrates' Court) / Appeal to High Court (re‑hearing)
Outcome
Appeal dismissed; conviction and sentence upheld; appellant to commence sentence immediately
Legal Topics
Indecent Assault (猥褻侵犯), Appellate Re‑hearing Standard, Judicial Intervention in Trial, Sentencing Guidelines for Offences on Public Transport
Source Language
ch
Criminal Law Sexual Offences Evidence Procedure Sentencing Indecent Assault (猥褻侵犯) Appellate Re‑hearing Standard Judicial Intervention in Trial +1 more

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Parties

香港特別行政區

Respondent

于連畯

Appellant

Procedural Posture

Criminal Appeal Against Conviction and Sentence (magistrates' Court) / Appeal to High Court (re‑hearing)

  1. 1 Whether the trial judge's interventions denied the appellant a fair trial
  2. 2 Whether the touching was accidental or deliberate
  3. 3 Whether the conviction is safe beyond reasonable doubt under re‑hearing standard

Ratio Decidendi

Appellate court, on re‑hearing, accepted trial judge's credibility findings and reasoning that the directional palm sweep from knee to thigh was deliberate and not accidental; the trial judge's interventions were legitimate clarifications, D2 contained inconsistent assertions undermining the appellant's sleeping/mistake defence, and the sentence of 14 days is within established guidelines; appeal against conviction and sentence dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld; appellant to commence sentence immediately

Orders

  • Conviction for indecent assault under Cap.200 s.122(1) upheld
  • Sentence of 14 days' immediate imprisonment upheld