HKSAR v. BRAIN, ALFRED HALL

HKSAR v. BRAIN, ALFRED HALL

The appeal was dismissed because the trial judge's acceptance of the prosecution witnesses and findings that the Important Notice was a forgery were supported by the record; the newly produced documents did not establish authenticity or suppression and did not materially affect credibility or the finding that the appellant intentionally caused Dr Kong to apprehend immediate violence, which constitutes assault.

Citation
HKSAR v. BRAIN, ALFRED HALL
Parties
Respondent: HKSAR; Appellant: Brain, Alfred Hall
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2017
Case Number
HCMA1069/2008
Procedural Posture
Criminal Appeal (magistracy Appeal) / Hearing of Appeal (judgment)
Outcome
Appeal against conviction dismissed
Legal Topics
Common Assault, Appeal Against Conviction, Credibility and Forgery, Disclosure, Admissibility of Evidence, Institutional Victimisation
Source Language
EN
Criminal Law Evidence Procedural Law Administrative Law Common Assault Appeal Against Conviction Credibility and Forgery Disclosure +2 more

Case Brief

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Parties

HKSAR

Respondent

Brain, Alfred Hall

Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Hearing of Appeal (judgment)

Legal Issues

  1. 1 Whether the 'Important Notice' (Exhibit P3) was genuine and if its authenticity undermines the conviction
  2. 2 Whether Dr Kong's contemporaneous medical entries and oral evidence were materially inconsistent and unreliable
  3. 3 Whether undisclosed or newly produced documents (including photocopy requests and medical reports) establish suppression or undermine the prosecution case

Ratio Decidendi

The appeal was dismissed because the trial judge's acceptance of the prosecution witnesses and findings that the Important Notice was a forgery were supported by the record; the newly produced documents did not establish authenticity or suppression and did not materially affect credibility or the finding that the appellant intentionally caused Dr Kong to apprehend immediate violence, which constitutes assault.

Court Disposition

Appeal against conviction dismissed

Orders

  • Appeal against conviction dismissed