HKSAR v. YIK YIU WAI

HKSAR v. YIK YIU WAI

The summing-up correctly directed the jury on the legal issues of consent and the defendant's knowledge; the jury had adequate opportunity to assess credibility; there was no material misdirection or basis to regard the verdict as unsafe, therefore leave to appeal against conviction is refused.

Citation
HKSAR v. YIK YIU WAI
Parties
Applicant: Applicant; Respondent: Respondent
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 October 2013
Case Number
CACC491/2012
Procedural Posture
Criminal Rape / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction dismissed
Legal Topics
Rape, Consent, Credibility of Witnesses, Leave to Appeal
Source Language
EN
Criminal Law Sexual Offences Appellate Procedure Rape Consent Credibility of Witnesses Leave to Appeal

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Criminal Rape / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse
  2. 2 Whether the applicant knew the complainant did not consent
  3. 3 Whether the jury verdict was safe and amenable to appellate intervention

Ratio Decidendi

The summing-up correctly directed the jury on the legal issues of consent and the defendant's knowledge; the jury had adequate opportunity to assess credibility; there was no material misdirection or basis to regard the verdict as unsafe, therefore leave to appeal against conviction is refused.

Court Disposition

Application for leave to appeal against conviction dismissed

Orders

  • Application for leave to appeal against conviction dismissed
  • Conviction and sentence (six years imprisonment) upheld