香港特別行政區 訴 趙樹源

香港特別行政區 訴 趙樹源

After rehearing the evidence, the court accepted the trial judge's credibility and identification findings and the CCTV interpretation; the footage and witness evidence show the appellant intentionally brushed X's left buttock with the back of his hand and the touching was not accidental, proving the offence beyond...

Source-derived case information.

Citation
[2025] HKCFI 2693
Parties
Respondent (prosecution): 香港特別行政區; Appellant (accused): 趙樹源
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2025
Case Number
HCMA248/2024
Procedural Posture
Criminal Appeal Against Conviction / Court of First Instance Rehearing of Magistrates' Conviction
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Indecent Assault, Appeal (rehearing), Identification Evidence, Turnbull Directions, CCTV Evidence, Witness Credibility
Source Language
ch
Criminal Law Sexual Offences Evidence Indecent Assault Appeal (rehearing) Identification Evidence Turnbull Directions CCTV Evidence +1 more

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Parties

香港特別行政區

Respondent (prosecution)

趙樹源

Appellant (accused)

Procedural Posture

Criminal Appeal Against Conviction / Court of First Instance Rehearing of Magistrates' Conviction

Legal Issues

  1. 1 Whether the third touching could have been accidental
  2. 2 Whether the trial judge erred in assessing CCTV evidence regarding the appellant's alleged intoxication and balance
  3. 3 Whether the trial judge's identification and credibility findings were flawed

Ratio Decidendi

After rehearing the evidence, the court accepted the trial judge's credibility and identification findings and the CCTV interpretation; the footage and witness evidence show the appellant intentionally brushed X's left buttock with the back of his hand and the touching was not accidental, proving the offence beyond reasonable doubt, thus the appeal fails.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal against conviction dismissed
  • Original conviction for indecent assault (one count) and fine of HK$10,000 upheld