R. v. CHAN PAK KEUNG

R. v. CHAN PAK KEUNG

The magistrate misapprehended key factual findings about the crowdedness at the time and failed to be satisfied beyond reasonable doubt that the appellant had the requisite intent; because accidental contact could not be excluded the conviction was unsafe and was quashed.

Citation
R. v. CHAN PAK KEUNG
Parties
Respondent/prosecution: The Queen; Appellant/accused: Chan Pak-keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 1994
Case Number
HCMA783/1994
Procedural Posture
Magistracy Appeal / Appeal Against Conviction (high Court Hearing and Judgment)
Outcome
Appeal allowed; conviction and sentence discharged
Legal Topics
Indecent Assault, Mens Rea, Evidence, Corroboration, Appeal Against Conviction, Credibility Assessment
Source Language
EN
Criminal Law Indecent Assault Mens Rea Evidence Corroboration Appeal Against Conviction Credibility Assessment

Case Brief

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Parties

The Queen

Respondent/prosecution

Chan Pak-keung

Appellant/accused

Procedural Posture

Magistracy Appeal / Appeal Against Conviction (high Court Hearing and Judgment)

Legal Issues

  1. 1 Whether the magistrate properly warned himself about danger of convicting on uncorroborated testimony
  2. 2 Whether the evidence proved beyond reasonable doubt that the appellant had the necessary intent to commit an indecent assault
  3. 3 Whether the magistrate misappreciated factual findings (crowdedness) such that accidental contact could not be excluded

Ratio Decidendi

The magistrate misapprehended key factual findings about the crowdedness at the time and failed to be satisfied beyond reasonable doubt that the appellant had the requisite intent; because accidental contact could not be excluded the conviction was unsafe and was quashed.

Court Disposition

Appeal allowed; conviction and sentence discharged

Orders

  • Conviction and sentence discharged