香港特別行政區 訴 洪岩松

香港特別行政區 訴 洪岩松

The Court held the complained aspects of the summing-up did not mislead the jury or usurp their function; the trial judge properly treated WhatsApp material as important contextual evidence while warning the jury about context and caution; the defence’s allegation impugning the complainant’s character justified...

Source-derived case information.

Citation
[2019] HKCA 32
Parties
Applicant: HUNG Ngam-chung; Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 January 2019
Case Number
CACC366/2017
Procedural Posture
Criminal Appeal (conviction) / Permission to Appeal Against Conviction (application Refused)
Outcome
application for leave to appeal against conviction refused; conviction upheld
Legal Topics
Rape, Consent, Jury Directions, Character Evidence, Previous Convictions, Digital/whats App Evidence, Recent Complaint
Source Language
ch
Criminal Law Evidence Procedure Rape Consent Jury Directions Character Evidence Previous Convictions +2 more

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Parties

HUNG Ngam-chung

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal (conviction) / Permission to Appeal Against Conviction (application Refused)

  1. 1 whether trial judge misdirected jury regarding burden of proof and defendant's responsibility to prove innocence
  2. 2 whether parts of the judge's summing-up were biased and amounted to a second closing speech for the prosecution
  3. 3 whether undue emphasis was placed on WhatsApp messages as central evidence

Ratio Decidendi

The Court held the complained aspects of the summing-up did not mislead the jury or usurp their function; the trial judge properly treated WhatsApp material as important contextual evidence while warning the jury about context and caution; the defence’s allegation impugning the complainant’s character justified disclosure of prior convictions under s54(1)(f)(ii) and the trial judge properly exercised discretion with adequate directions; the conviction was therefore safe and the application for leave to appeal refused.

Court Disposition

application for leave to appeal against conviction refused; conviction upheld

Orders

  • Application for leave to appeal against conviction refused
  • Appeal dismissed