HKSAR v. TUEN YUEN YUEN

HKSAR v. TUEN YUEN YUEN

Because there was no suggestion the Magistrate misused his advantage of seeing and hearing witnesses and nothing in the written record justified disturbing his credibility findings, the appellate court refused to disturb the convictions and dismissed the appeal.

Citation
HKSAR v. TUEN YUEN YUEN
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2005
Case Number
HCMA579/2005
Procedural Posture
Criminal Appeal / Re Hearing on Written Record From Magistrates' Court Convictions
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Common Assault, Obstruction of Police, Credibility Findings, Standard of Proof, Re Hearing on the Record
Source Language
EN
Criminal Law Evidence Appellate Review Policing Common Assault Obstruction of Police Credibility Findings Standard of Proof +1 more

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Re Hearing on Written Record From Magistrates' Court Convictions

Legal Issues

  1. 1 Whether the convictions for common assault and obstructing a police officer are safe
  2. 2 Whether the appellate court should disturb the Magistrate's credibility findings based on the written record
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

Because there was no suggestion the Magistrate misused his advantage of seeing and hearing witnesses and nothing in the written record justified disturbing his credibility findings, the appellate court refused to disturb the convictions and dismissed the appeal.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeal dismissed
  • Convictions affirmed