香港特別行政區 訴 H.K.C

香港特別行政區 訴 H.K.C

The Court upheld the trial judge's factual findings that the applicant's confessions were voluntary and admissible, that the child complainant's evidence was credible, that there was no reasonable basis for a genuine belief the complainant was 16, and that the 5-year sentence was not excessive; accordingly the late...

Source-derived case information.

Citation
[2019] HKCA 841
Parties
Respondent: 香港特別行政區; Applicant: H.K.C
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 July 2019
Case Number
CACC14/2019
Procedural Posture
Criminal Appeal Late Application for Leave to Appeal Against Conviction and Sentence / Court of Appeal Decision on Leave Application
Outcome
Application for leave to appeal against conviction and sentence refused.
Legal Topics
Voluntariness of Confession, Credibility of Child Complainant, Mistake of Age Defence, Abuse of Position of Trust, Proportionality of Sentence
Source Language
ch
Criminal Law Evidence Sexual Offences Sentencing Voluntariness of Confession Credibility of Child Complainant Mistake of Age Defence Abuse of Position of Trust +1 more

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Parties

香港特別行政區

Respondent

H.K.C

Applicant

Procedural Posture

Criminal Appeal Late Application for Leave to Appeal Against Conviction and Sentence / Court of Appeal Decision on Leave Application

  1. 1 Whether the applicant's confessions were voluntary and admissible
  2. 2 Whether the child complainant's evidence was credible and could support conviction
  3. 3 Whether the applicant held an honest and reasonable belief that the complainant was 16 or over

Ratio Decidendi

The Court upheld the trial judge's factual findings that the applicant's confessions were voluntary and admissible, that the child complainant's evidence was credible, that there was no reasonable basis for a genuine belief the complainant was 16, and that the 5-year sentence was not excessive; accordingly the late applications for leave to appeal conviction and sentence were refused.

Court Disposition

Application for leave to appeal against conviction and sentence refused.

Orders

  • Leave to appeal against conviction refused.
  • Leave to appeal against sentence refused.