香港特別行政區 訴 方向

香港特別行政區 訴 方向

The covert video raised sufficient doubt about the safety of the trial judge's credibility findings regarding X and Y to justify granting leave to appeal against conviction; the appeal ground was to be confined to whether the judge's credibility conclusions were safe in light of the video evidence.

Source-derived case information.

Citation
[2020] HKCA 82
Parties
Respondent: 香港特別行政區; Applicant: 方向
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 January 2020
Case Number
CACC100/2019
Procedural Posture
Criminal Conviction Appeal (leave Application) / Leave to Appeal Application (conviction)
Outcome
leave to appeal against conviction granted (limited to credibility findings in light of covert video)
Legal Topics
Triad Membership Allegation, Extortion, Witness Credibility, Covert Video Evidence, False Accusation
Source Language
ch
Criminal Law Criminal Procedure Appeal Triad Membership Allegation Extortion Witness Credibility Covert Video Evidence False Accusation

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Parties

香港特別行政區

Respondent

方向

Applicant

Procedural Posture

Criminal Conviction Appeal (leave Application) / Leave to Appeal Application (conviction)

  1. 1 Whether the trial judge's credibility findings regarding prosecution witnesses X and Y were safe in light of the covert video evidence
  2. 2 Whether the covert video undermined the prosecution case and required the trial judge to treat X's evidence as unreliable or corroborate it
  3. 3 Whether the trial judge unfairly characterized Y's statements on the video as staged

Ratio Decidendi

The covert video raised sufficient doubt about the safety of the trial judge's credibility findings regarding X and Y to justify granting leave to appeal against conviction; the appeal ground was to be confined to whether the judge's credibility conclusions were safe in light of the video evidence.

Court Disposition

leave to appeal against conviction granted (limited to credibility findings in light of covert video)

Orders

  • The leave to appeal is granted limited to the ground: whether the trial judge's credibility findings regarding X and Y were safe in light of the covert video evidence.
  • Applicant to file the amended/modified appeal ground within 14 days and file any supplementary submissions at the same time.