HKSAR v. NDUBUEZE JR., PRINCE GODSWILL ONYERO

HKSAR v. NDUBUEZE JR., PRINCE GODSWILL ONYERO

The Court dismissed the application because the trial judge's adverse credibility findings were plainly open on the evidence, the prosecution proved the cheques were forgeries with ample unchallenged evidence, and the applicant failed to demonstrate any material error or bias warranting interference with the convictions.

Citation
HKSAR v. NDUBUEZE JR., PRINCE GODSWILL ONYERO
Parties
Respondent/prosecution: HKSAR; Applicant/defendant: NDUBUEZE JR., PRINCE GODSWILL ONYERO
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 November 1998
Case Number
CACC261/1998
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction to Court of Appeal After Conviction in District Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Forgery, False Instrument (s73 Crimes Ordinance), False Information in Business Registration (s15(1)(i) Business Registration Ordinance Cap.310), Credibility Assessment, Procedural Irregularity
Source Language
EN
Criminal Law Fraud Evidence Appeal Forgery False Instrument (s73 Crimes Ordinance) False Information in Business Registration (s15(1)(i) Business Registration Ordinance Cap.310) Credibility Assessment +1 more

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Parties

HKSAR

Respondent/prosecution

NDUBUEZE JR., PRINCE GODSWILL ONYERO

Applicant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction to Court of Appeal After Conviction in District Court

Legal Issues

  1. 1 Whether convictions for using false instruments under s73 Crimes Ordinance and for providing false information under s15(1)(i) Business Registration Ordinance were unsafe
  2. 2 Whether trial judge displayed bias or prejudicial conduct warranting appellate intervention
  3. 3 Whether alleged police failures to produce or seize evidence undermined the safety of the convictions

Ratio Decidendi

The Court dismissed the application because the trial judge's adverse credibility findings were plainly open on the evidence, the prosecution proved the cheques were forgeries with ample unchallenged evidence, and the applicant failed to demonstrate any material error or bias warranting interference with the convictions.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application dismissed
  • Three months of the time the applicant spent in custody waiting for this hearing shall not count towards his sentence