HKSAR v. LIM WAI LUNG PATRICK CHRISTIAN AND OTHERS

HKSAR v. LIM WAI LUNG PATRICK CHRISTIAN AND OTHERS

The Court held the trial judge's directions on similar facts, joint enterprise, identification and cut-throat defence were adequate in context, the jury were properly warned to consider each charge and each defendant separately, the prosecution case encompassed both pre-planned and spontaneous joint enterprise and the evidence of concerted administration of sleeping pills and subsequent sexual assaults was overwhelming such that convictions were safe; therefore the appeals were dismissed.

Citation
HKSAR v. LIM WAI LUNG PATRICK CHRISTIAN AND OTHERS
Parties
Applicant (d1): Lim Wai Lung Patrick Christian; Applicant (d2): Yeung Man Chung; Applicant (d3): Chung Chi Wo; Applicant (d4): Hung Wing Fung; Applicant (d5): Yong Kwong Fai; Respondent: HKSAR
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 February 2014
Case Number
CACC86/2012
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction
Outcome
Applications for leave to appeal against conviction dismissed; leave granted to D1, D2 and D3 but their appeals dismissed
Legal Topics
Rape, Administration of Drugs to Facilitate Sexual Offences, Joint Enterprise, Similar Facts Evidence, Identification Evidence, Cut Throat Defence, Directions to Jury, Leave to Appeal
Source Language
EN
Criminal Law Evidence Rape Administration of Drugs to Facilitate Sexual Offences Joint Enterprise Similar Facts Evidence Identification Evidence Cut Throat Defence +2 more

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Parties

Lim Wai Lung Patrick Christian

Applicant (d1)

Yeung Man Chung

Applicant (d2)

Chung Chi Wo

Applicant (d3)

Hung Wing Fung

Applicant (d4)

Yong Kwong Fai

Applicant (d5)

HKSAR

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's directions on similar facts evidence were inadequate and prejudicial
  2. 2 Whether the judge's directions on joint enterprise were inconsistent with the prosecution case
  3. 3 Whether a full Turnbull direction on identification was required

Ratio Decidendi

The Court held the trial judge's directions on similar facts, joint enterprise, identification and cut-throat defence were adequate in context, the jury were properly warned to consider each charge and each defendant separately, the prosecution case encompassed both pre-planned and spontaneous joint enterprise and the evidence of concerted administration of sleeping pills and subsequent sexual assaults was overwhelming such that convictions were safe; therefore the appeals were dismissed.

Court Disposition

Applications for leave to appeal against conviction dismissed; leave granted to D1, D2 and D3 but their appeals dismissed

Orders

  • Leave to appeal against conviction granted to D1, D2 and D3; appeals dismissed
  • Applications of D4 and D5 for leave to appeal against conviction dismissed