THE QUEEN v. CHAN KA HING

THE QUEEN v. CHAN KA HING

The conviction was quashed because the sole identifying witness's evidence was materially undermined by inconsistencies, an admitted inability to recall faces when frightened, an inconsistent physical description, the long delay before identification, and an unsatisfactory answer in cross-examination; taken together the identification was unsafe and the conviction could not stand.

Citation
THE QUEEN v. CHAN KA HING
Parties
Appellant: CHAN KA HING; Respondent: THE QUEEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 1991
Case Number
HCMA349/1991
Procedural Posture
Criminal Robbery / Magistracy Appeal Against Conviction (hcma000349/1991)
Outcome
Appeal allowed; conviction and sentence quashed.
Legal Topics
Robbery, Visual Identification, Turnbull Warning, No Case to Answer, Appellate Review
Source Language
EN
Criminal Law Evidence Procedure Robbery Visual Identification Turnbull Warning No Case to Answer Appellate Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CHAN KA HING

Appellant

THE QUEEN

Respondent

Procedural Posture

Criminal Robbery / Magistracy Appeal Against Conviction (hcma000349/1991)

Legal Issues

  1. 1 Whether the magistrate failed to properly evaluate identification evidence
  2. 2 Whether the magistrate failed to give an adequate Turnbull warning
  3. 3 Whether inconsistencies and weaknesses in the sole prosecution witness's evidence made the conviction unsafe

Ratio Decidendi

The conviction was quashed because the sole identifying witness's evidence was materially undermined by inconsistencies, an admitted inability to recall faces when frightened, an inconsistent physical description, the long delay before identification, and an unsatisfactory answer in cross-examination; taken together the identification was unsafe and the conviction could not stand.

Court Disposition

Appeal allowed; conviction and sentence quashed.

Orders

  • Conviction set aside.
  • Sentence set aside.