香港特別行政區 訴 L.C.F.

香港特別行政區 訴 L.C.F.

The Court refused permission to appeal and dismissed the conviction appeal because the trial judge gave adequate and detailed reasons for accepting the complainant's evidence and rejecting the applicant's account; the proposed expert evidence on Google timeline screenshots would not likely have caused the conviction...

Source-derived case information.

Citation
[2020] HKCA 237
Parties
Respondent: 香港特別行政區; Applicant: L.C.F.
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 April 2020
Case Number
CACC245/2018
Procedural Posture
Criminal Appeal (conviction) / Application for Leave to Appeal Conviction; Appeal Hearing at Court of Appeal
Outcome
Application for leave to appeal against conviction refused; appeal dismissed; conviction and sentence upheld.
Legal Topics
Child Sexual Abuse, Fresh Evidence Admissibility, Witness Credibility, Recent Complaint, Criminal Procedure Ordinance S83 V
Source Language
ch
Criminal Law Sexual Offences Evidence Appeal Child Sexual Abuse Fresh Evidence Admissibility Witness Credibility Recent Complaint +1 more

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Parties

香港特別行政區

Respondent

L.C.F.

Applicant

Procedural Posture

Criminal Appeal (conviction) / Application for Leave to Appeal Conviction; Appeal Hearing at Court of Appeal

  1. 1 Whether the trial judge erred in assessing the credibility of the complainant (X) and the applicant
  2. 2 Whether the trial judge failed to properly evaluate defense evidence and documentary/expert evidence (Google timeline screenshots)
  3. 3 Whether the proposed expert evidence meets the s83V criteria to be admitted as fresh evidence and would likely affect the safety of the conviction

Ratio Decidendi

The Court refused permission to appeal and dismissed the conviction appeal because the trial judge gave adequate and detailed reasons for accepting the complainant's evidence and rejecting the applicant's account; the proposed expert evidence on Google timeline screenshots would not likely have caused the conviction to be quashed and therefore did not satisfy s83V thresholds for fresh evidence admission.

Court Disposition

Application for leave to appeal against conviction refused; appeal dismissed; conviction and sentence upheld.

Orders

  • Refusal to admit proposed expert evidence as fresh evidence under s83V (would not render conviction unsafe)
  • Leave to appeal against conviction refused