HKSAR v. AZAD MOHAMMAD FARHAN

HKSAR v. AZAD MOHAMMAD FARHAN

The Court found no merit in the grounds attacking conviction, upheld the convictions, and held that much of the appellant’s complaint about trial fairness and counsel conduct was without substance; on sentence the trial judge’s exercise of discretion miscarried — the appropriate determinate sentences for the two sexual offences were 15 years each to be concurrent, and part of the robbery sentence should run consecutively; accordingly the 18-year rape sentence was reduced to 15 years and two years of the 4-year robbery sentence ordered consecutive producing a 17-year aggregate in CACC173/2015; in CACC253/2015 the court ordered two years of that separate 5 years 4 months sentence to be...

Citation
HKSAR v. AZAD MOHAMMAD FARHAN
Parties
Respondent: HKSAR; Applicant/appellant: AZAD Mohammad Farhan
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 July 2016
Case Number
CACC173/2015
Procedural Posture
Criminal Appeal (court of Appeal) / Leave to Appeal Against Conviction Refused; Appeals Against Sentence Allowed in Part
Outcome
Convictions upheld; leave to appeal convictions refused; appeal against sentence allowed in part; sentences adjusted and aggregated to final total of 19 years' imprisonment.
Legal Topics
Rape, Non Consensual Buggery, Robbery, DNA Evidence, Alibi, Identification Parade Delay, Right to Silence and Comment, Totality Principle, Fresh Evidence
Source Language
EN
Criminal Law Sexual Offences Evidence Appeal and Review Sentencing Rape Non Consensual Buggery Robbery +6 more

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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

HKSAR

Respondent

AZAD Mohammad Farhan

Applicant/appellant

Procedural Posture

Criminal Appeal (court of Appeal) / Leave to Appeal Against Conviction Refused; Appeals Against Sentence Allowed in Part

Legal Issues

  1. 1 Identity of perpetrator
  2. 2 Fairness of summing-up and audibility
  3. 3 Permissibility of prosecution comment on failure to call witnesses and inconsistencies with pre-trial statements

Ratio Decidendi

The Court found no merit in the grounds attacking conviction, upheld the convictions, and held that much of the appellant’s complaint about trial fairness and counsel conduct was without substance; on sentence the trial judge’s exercise of discretion miscarried — the appropriate determinate sentences for the two sexual offences were 15 years each to be concurrent, and part of the robbery sentence should run consecutively; accordingly the 18-year rape sentence was reduced to 15 years and two years of the 4-year robbery sentence ordered consecutive producing a 17-year aggregate in CACC173/2015; in CACC253/2015 the court ordered two years of that separate 5 years 4 months sentence to be...

Court Disposition

Convictions upheld; leave to appeal convictions refused; appeal against sentence allowed in part; sentences adjusted and aggregated to final total of 19 years' imprisonment.

Orders

  • Application for leave to appeal against conviction refused
  • Application to adduce fresh evidence (interpreter re: audibility) refused