HKSAR v. WONG WAI HONG

HKSAR v. WONG WAI HONG

The magistrate, having seen the witnesses, properly assessed and accepted the victim and police officer as credible and corroborative; discrepancies were explicable and the unclear defence demonstration did not negate the possibility of deliberate touching, therefore the conviction was safe and the appeal must be dismissed.

Citation
HKSAR v. WONG WAI HONG
Parties
Respondent/prosecution: HKSAR; Appellant/accused: WONG WAI HONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 1998
Case Number
HCMA1040/1997
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction (court of First Instance, Appellate Jurisdiction)
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Indecent Assault, Assessment of Witness Credibility, Corroboration, Trial Procedure, Appellate Review of Factual Findings
Source Language
EN
Criminal Law Sexual Offences Evidence Indecent Assault Assessment of Witness Credibility Corroboration Trial Procedure Appellate Review of Factual Findings

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent/prosecution

WONG WAI HONG

Appellant/accused

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction (court of First Instance, Appellate Jurisdiction)

Legal Issues

  1. 1 Whether the magistrate failed to evaluate the evidence properly and resolve discrepancies between witnesses
  2. 2 Whether the magistrate erred in law or fact by failing to follow or understand the defence demonstration and by conducting measurements in the absence of parties
  3. 3 Whether the conviction is safe given the evidence

Ratio Decidendi

The magistrate, having seen the witnesses, properly assessed and accepted the victim and police officer as credible and corroborative; discrepancies were explicable and the unclear defence demonstration did not negate the possibility of deliberate touching, therefore the conviction was safe and the appeal must be dismissed.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal against conviction dismissed