香港特別行政區 訴 陳達成

香港特別行政區 訴 陳達成

The application for a certificate was dismissed because the legal question posed was not novel or of general and wide importance; the law on appellate interference with trial judges' credibility findings is settled and the applicant's submission did not meet the requirements of section 32 of Cap.484 to justify a...

Source-derived case information.

Citation
[2019] HKCA 946
Parties
Respondent: 香港特別行政區; Applicant: 陳達成 (CHAN TAT SHING)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 August 2019
Case Number
CACC280/2017
Procedural Posture
Criminal Appeal / Application for Certificate of Leave to Appeal to Court of Final Appeal After Refusal of Leave by Single Judge and Court
Outcome
Application for certificate to appeal to the Court of Final Appeal dismissed
Legal Topics
Witness Credibility, Appellate Interference With Factual Findings, Standard of Proof, Certificate for Leave to Appeal, Indecent Assault
Source Language
ch
Criminal Law Appellate Review Evidence Witness Credibility Appellate Interference With Factual Findings Standard of Proof Certificate for Leave to Appeal Indecent Assault

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Parties

香港特別行政區

Respondent

陳達成 (CHAN TAT SHING)

Applicant

Procedural Posture

Criminal Appeal / Application for Certificate of Leave to Appeal to Court of Final Appeal After Refusal of Leave by Single Judge and Court

  1. 1 Whether the Court of Final Appeal should determine when a lower court's assessment of a one-on-one witness's testimony, if imperfect, ought to be rejected or amounts to reasonable doubt
  2. 2 What standards and considerations justify appellate interference with a trial judge's credibility and reliability findings
  3. 3 Whether the issue raised is of general importance warranting a certificate under Cap.484 s32

Ratio Decidendi

The application for a certificate was dismissed because the legal question posed was not novel or of general and wide importance; the law on appellate interference with trial judges' credibility findings is settled and the applicant's submission did not meet the requirements of section 32 of Cap.484 to justify a certificate.

Court Disposition

Application for certificate to appeal to the Court of Final Appeal dismissed

Orders

  • Application for certificate dismissed
  • No certificate for leave to appeal to the Court of Final Appeal granted