HKSAR v. CHAN KWUN FUK

HKSAR v. CHAN KWUN FUK

The magistrate's inference that the appellant was one of the two men who followed the complainant was a permissible inference from the proved facts and the transcript did not demonstrate that the magistrate's view was unsafe; therefore the appeal is dismissed.

Citation
HKSAR v. CHAN KWUN FUK
Parties
Appellant: Appellant; Respondent: Respondent; Complainant/witness: Madam Cheung Mei-suen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2011
Case Number
HCMA170/2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Judgment Delivered by Court of First Instance
Outcome
Appeal dismissed; conviction affirmed
Legal Topics
Loitering Causing Concern, Identification Evidence, Circumstantial Evidence, Inference of Guilt, Standard of Appellate Review
Source Language
EN
Criminal Law Public Order Evidence Loitering Causing Concern Identification Evidence Circumstantial Evidence Inference of Guilt Standard of Appellate Review

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Madam Cheung Mei-suen

Complainant/witness

Procedural Posture

Criminal Appeal / Appeal Against Conviction; Judgment Delivered by Court of First Instance

Legal Issues

  1. 1 Whether the magistrate erred in inferring the appellant was one of two men who followed the complainant despite her positive evidence that he was not
  2. 2 Whether circumstantial evidence permitted the inference of guilt
  3. 3 Whether the appellate court should overturn a conviction when the trial judge's credibility assessment is not shown to be unsafe

Ratio Decidendi

The magistrate's inference that the appellant was one of the two men who followed the complainant was a permissible inference from the proved facts and the transcript did not demonstrate that the magistrate's view was unsafe; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction affirmed

Orders

  • Appeal dismissed; conviction affirmed