HKSAR v. LEE SIN SAU

HKSAR v. LEE SIN SAU

The appeal is allowed because there was at least some real doubt as to whether P8 was given voluntarily: the unusual presence of a co-suspect during the interview and the trial magistrate's apparent insufficient consideration of PW2's lack of candour created doubt about admissibility of P8; because the whole case...

Source-derived case information.

Citation
HKSAR v. LEE SIN SAU
Parties
Respondent: HKSAR; Appellant: Lee Sin Sau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2009
Case Number
HCMA127/2009
Procedural Posture
Criminal Magistracy Appeal / Appeal Against Conviction to Court of First Instance (hcma127/2009)
Outcome
Appeal allowed; conviction quashed
Legal Topics
Admissibility of Cautioned Statement, Voluntariness of Interview, Right to Silence, Police Inducement and Oppression, Presence of Third Party/co Suspect During Interview, Publication of Obscene Article (cap.390)
Source Language
en
Criminal Law Evidence Police Procedure Admissibility of Cautioned Statement Voluntariness of Interview Right to Silence Police Inducement and Oppression Presence of Third Party/co Suspect During Interview +1 more

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Parties

HKSAR

Respondent

Lee Sin Sau

Appellant

Procedural Posture

Criminal Magistracy Appeal / Appeal Against Conviction to Court of First Instance (hcma127/2009)

Legal Issues

  1. 1 Whether Record of Interview (P8) was admissible
  2. 2 Whether D2 was compelled to attend the police station in breach of Rules and Directions 1992
  3. 3 Whether inducement or oppression by police rendered P8 involuntary

Ratio Decidendi

The appeal is allowed because there was at least some real doubt as to whether P8 was given voluntarily: the unusual presence of a co-suspect during the interview and the trial magistrate's apparent insufficient consideration of PW2's lack of candour created doubt about admissibility of P8; because the whole case depended on P8, D2's conviction was unsafe and was quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Appeal allowed
  • Conviction quashed and sentence set aside