HKSAR v. LUI WING BIU

HKSAR v. LUI WING BIU

The magistrate's detailed and contemporaneous credibility findings, including that the complainant's error was an innocent mistake, were reasonable and supported the convictions; therefore there was no reasonable doubt and the appeal against conviction must be dismissed.

Citation
HKSAR v. LUI WING BIU
Parties
Appellant/defendant: Appellant; Complainant (domestic Helper): Complainant; Respondent (crown/prosecution): Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2007
Case Number
HCMA1029/2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction (heard by Deputy High Court Judge)
Outcome
Appeal against conviction dismissed; convictions of indecent assault upheld; appeal against sentence abandoned.
Legal Topics
Indecent Assault, Credibility of Witness, Amendment of Charge, Reasonable Doubt, Character Evidence
Source Language
EN
Criminal Law Sexual Offences Evidence Appeal Procedure Indecent Assault Credibility of Witness Amendment of Charge Reasonable Doubt +1 more

Case Brief

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Parties

Appellant

Appellant/defendant

Complainant

Complainant (domestic Helper)

Respondent

Respondent (crown/prosecution)

Procedural Posture

Criminal Appeal / Appeal Against Conviction (heard by Deputy High Court Judge)

Legal Issues

  1. 1 Whether amendment of the charge was proper and whether it made the prosecution case unfair
  2. 2 Whether the complainant's error about presence of the defendant's son (Ronald) fatally undermined her credibility
  3. 3 Whether the magistrate's credibility findings could be impugned on appeal such that a reasonable doubt arose

Ratio Decidendi

The magistrate's detailed and contemporaneous credibility findings, including that the complainant's error was an innocent mistake, were reasonable and supported the convictions; therefore there was no reasonable doubt and the appeal against conviction must be dismissed.

Court Disposition

Appeal against conviction dismissed; convictions of indecent assault upheld; appeal against sentence abandoned.

Orders

  • Appeal against conviction dismissed
  • Convictions of indecent assault upheld