HKSAR v. CHEUNG TSZ HONG

HKSAR v. CHEUNG TSZ HONG

The application for severance was refused because the evidence of the two complainants is sufficiently related in time, place and modus operandi that the evidence of one provides strong support for the other under the DPP v P test; the probative value outweighs the prejudicial effect and any prejudice can be...

Source-derived case information.

Citation
[2018] HKCFI 991
Parties
Prosecution: HKSAR; Defendant: CHEUNG Tszhong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 2018
Case Number
HCCC379/2017
Procedural Posture
Criminal / Pre Trial Application for Severance
Outcome
Application for severance refused
Legal Topics
Severance, Joinder, Similar Fact Evidence, Admissibility, Prejudice Vs Probative Value, Publication Ban
Source Language
en
Criminal Law Sexual Offences Evidence Law Criminal Procedure Severance Joinder Similar Fact Evidence Admissibility +2 more

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Parties

HKSAR

Prosecution

CHEUNG Tszhong

Defendant

Procedural Posture

Criminal / Pre Trial Application for Severance

Legal Issues

  1. 1 Whether counts involving different complainants should be severed for separate trial
  2. 2 Whether evidence of one complainant is admissible to support the other under the DPP v P test
  3. 3 Whether any prejudice from joinder can be cured by directions to the jury

Ratio Decidendi

The application for severance was refused because the evidence of the two complainants is sufficiently related in time, place and modus operandi that the evidence of one provides strong support for the other under the DPP v P test; the probative value outweighs the prejudicial effect and any prejudice can be managed, so a joint trial is just.

Court Disposition

Application for severance refused

Orders

  • Severance of counts 1 and 2 from counts 3 to 8 refused
  • Publication of any report of the proceedings at the hearing of the application and these written reasons is prohibited until further order of the Court