香港特別行政區 訴 李俊峰

香港特別行政區 訴 李俊峰

The appellate court refused leave because the trial judge was entitled to accept the complainant's evidence and the applicant's admissions; there was no evidence that the confession was unreliable or that the complainant had a mental disorder; the applicant failed to rebut the prosecution case and there was no real...

Source-derived case information.

Citation
[2020] HKCA 52
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Lee Chun Fung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 January 2020
Case Number
CACC265/2019
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction refused
Legal Topics
Theft, Confession/admission, Credibility of Witnesses, Return of Seized Property, Appeal Against Conviction
Source Language
ch
Criminal Law Criminal Procedure Evidence Appeal Theft Confession/admission Credibility of Witnesses Return of Seized Property +1 more

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Parties

Hong Kong Special Administrative Region

Respondent

Lee Chun Fung

Applicant

Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction

  1. 1 reliability and admissibility of confession
  2. 2 credibility of the complainant witness
  3. 3 whether trial judge's factual findings are open to appellate challenge

Ratio Decidendi

The appellate court refused leave because the trial judge was entitled to accept the complainant's evidence and the applicant's admissions; there was no evidence that the confession was unreliable or that the complainant had a mental disorder; the applicant failed to rebut the prosecution case and there was no real prospect of success on appeal.

Court Disposition

application for leave to appeal against conviction refused

Orders

  • leave to appeal refused
  • convictions upheld