THE QUEEN v. SUEN CHI HING

THE QUEEN v. SUEN CHI HING

The omission in the contemporaneous statement of the critical acts (taking the wallet from the bag and unzipping it) was a material discrepancy that undermined the vital prosecution evidence; that discrepancy made the conviction unsafe and warranted quashing by the appellate court.

Citation
THE QUEEN v. SUEN CHI HING
Parties
Respondent (crown): The Queen; Appellant (accused): Suen Chi Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 September 1991
Case Number
HCMA606/1991
Procedural Posture
Magistracy Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed
Legal Topics
Credibility Assessment, Witness Statement Discrepancies, Safety of Conviction, Appellate Review of Facts
Source Language
EN
Criminal Law Theft Evidence Appeals Credibility Assessment Witness Statement Discrepancies Safety of Conviction Appellate Review of Facts

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Parties

The Queen

Respondent (crown)

Suen Chi Hing

Appellant (accused)

Procedural Posture

Magistracy Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the discrepancy between the witness's contemporaneous statement and his oral evidence rendered the conviction unsafe
  2. 2 Whether the appellant took the wallet from the traveller's bag or merely picked it up from the floor
  3. 3 Whether the appellate court should interfere with the magistrate's credibility findings

Ratio Decidendi

The omission in the contemporaneous statement of the critical acts (taking the wallet from the bag and unzipping it) was a material discrepancy that undermined the vital prosecution evidence; that discrepancy made the conviction unsafe and warranted quashing by the appellate court.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed