香港特別行政區 訴 方斌

香港特別行政區 訴 方斌

The Court refused leave to appeal because the trial judge's interventions were legitimate clarificatory questions not evidence of bias, the trial judge properly found the applicant's confessions were voluntary and corroborated by independent evidence (CCTV and recovery of knife), and the acceptance of the...

Source-derived case information.

Citation
[2019] HKCA 1214
Parties
Applicant: 方斌; Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 October 2019
Case Number
CACC312/2018
Procedural Posture
Criminal Appeal (conviction) Application for Leave to Appeal / Application for Permission to Appeal Against Conviction to Court of Appeal
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Conspiracy to Rob, Voluntariness of Confession, Credibility Assessment, Judicial Conduct and Bias, Leave to Appeal
Source Language
ch
Criminal Law Evidence Criminal Procedure Appeal Conspiracy to Rob Voluntariness of Confession Credibility Assessment Judicial Conduct and Bias +1 more

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Summary, issues, holding and outcome

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Parties

方斌

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal (conviction) Application for Leave to Appeal / Application for Permission to Appeal Against Conviction to Court of Appeal

  1. 1 Whether the trial judge's interventions demonstrated bias denying a fair trial
  2. 2 Whether the applicant's confessions were voluntary and reliable
  3. 3 Whether the trial judge correctly assessed credibility of witnesses and the applicant

Ratio Decidendi

The Court refused leave to appeal because the trial judge's interventions were legitimate clarificatory questions not evidence of bias, the trial judge properly found the applicant's confessions were voluntary and corroborated by independent evidence (CCTV and recovery of knife), and the acceptance of the prosecution witnesses despite some weaknesses was reasonable; there was no arguable ground for a successful appeal and the conviction is therefore safe.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Application for leave to appeal against conviction refused