HKSAR v. GURUNG ASHIS AND ANOTHER

HKSAR v. GURUNG ASHIS AND ANOTHER

The judge found the two identification parades were not fairly conducted and excluded Exhibits PP30 and PP35; without those identifications the prosecution had no evidence linking D1 and D2 to the robbers beyond presence near the scene and admissions of running, which did not amount to bringing suspicion upon themselves; therefore charges were dismissed and the defence application for costs was granted (D1 from Day 5; D2 for the trial).

Citation
[2023] HKDC 1710
Parties
Prosecution: HKSAR; Defendant: GURUNG Ashis (D1); Defendant: HAIDER Ali (D2)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 December 2023
Case Number
DCCC269/2020
Procedural Posture
Criminal Robbery / Trial (special Identification Issue Heard; Acquittal and Costs Application)
Outcome
Charges dismissed; defence application for costs granted.
Legal Topics
Robbery, Identification Parade, Admissibility of Evidence, Costs, Video Recorded Interview, Witness Anonymity
Source Language
EN
Criminal Law Evidence Procedure Robbery Identification Parade Admissibility of Evidence Costs Video Recorded Interview +1 more

Case Brief

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Parties

HKSAR

Prosecution

GURUNG Ashis (D1)

Defendant

HAIDER Ali (D2)

Defendant

Procedural Posture

Criminal Robbery / Trial (special Identification Issue Heard; Acquittal and Costs Application)

Legal Issues

  1. 1 Whether the identification parades held on 27 June 2019 were fairly conducted and their identifications admissible
  2. 2 Whether, absent the parade identifications, there was evidence linking the defendants to the robbery
  3. 3 Whether the defendants brought suspicion upon themselves such that costs should be denied

Ratio Decidendi

The judge found the two identification parades were not fairly conducted and excluded Exhibits PP30 and PP35; without those identifications the prosecution had no evidence linking D1 and D2 to the robbers beyond presence near the scene and admissions of running, which did not amount to bringing suspicion upon themselves; therefore charges were dismissed and the defence application for costs was granted (D1 from Day 5; D2 for the trial).

Court Disposition

Charges dismissed; defence application for costs granted.

Orders

  • Exhibits PP30 and PP35 and related documents ruled inadmissible
  • Charges against GURUNG Ashis (D1) and HAIDER Ali (D2) dismissed