香港特別行政區 訴 王卓鵬

香港特別行政區 訴 王卓鵬

The fresh evidence application was refused because the dyslexia evidence was not newly available and could and should have been produced at trial and there were no exceptional circumstances; the trial judge properly assessed credibility and found the admission voluntary and corroborated by circumstances, and the...

Source-derived case information.

Citation
[2018] HKCFI 352
Parties
Respondent: 香港特別行政區; Appellant: 王卓鵬
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2018
Case Number
HCMA523/2016
Procedural Posture
Criminal Appeal Against Conviction / Appeal Against Conviction (rehearing)
Outcome
appeal dismissed; convictions upheld
Legal Topics
Admissibility of Confession, Fresh Evidence, Voluntariness of Admission, Credibility Assessment, Police Cautioning (警誡)
Source Language
ch
Criminal Law Evidence Criminal Procedure Admissibility of Confession Fresh Evidence Voluntariness of Admission Credibility Assessment Police Cautioning (警誡)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

香港特別行政區

Respondent

王卓鵬

Appellant

Procedural Posture

Criminal Appeal Against Conviction / Appeal Against Conviction (rehearing)

  1. 1 Whether appellant was driving the vehicle at the time of the incident
  2. 2 Whether the appellant's oral admission and notebook (P4) entry were voluntary and admissible
  3. 3 Whether fresh evidence of dyslexia should be admitted

Ratio Decidendi

The fresh evidence application was refused because the dyslexia evidence was not newly available and could and should have been produced at trial and there were no exceptional circumstances; the trial judge properly assessed credibility and found the admission voluntary and corroborated by circumstances, and the prosecution evidence proved the offences beyond reasonable doubt; therefore the convictions are safe.

Court Disposition

appeal dismissed; convictions upheld

Orders

  • Convictions for four offences affirmed
  • Application to adduce fresh evidence refused