香港特別行政區 訴 M.C.C.

香港特別行政區 訴 M.C.C.

The Court refused leave and dismissed the appeal because, on the whole of the evidence, the jury was entitled to find that the specific incident forming count 4 amounted to unlawful sexual intercourse; the verdict was not irrational or unsafe and there was no legal error warranting intervention by the appellate court.

Source-derived case information.

Citation
[2026] HKCA 366
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: M.C.C.
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 March 2026
Case Number
CACC51/2024
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction Refused at Court of Appeal
Outcome
Application for leave to appeal against conviction refused; related appeal dismissed; conviction on count 4 upheld
Legal Topics
Sexual Intercourse With Child, Rape, Consistency of Verdicts, Safety of Conviction, Jury Fact‑finding, Forensic Medical Evidence
Source Language
ch
Criminal Law Sexual Offences Evidence Sexual Intercourse With Child Rape Consistency of Verdicts Safety of Conviction Jury Fact‑finding +1 more

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Parties

Hong Kong Special Administrative Region

Respondent

M.C.C.

Applicant

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction Refused at Court of Appeal

  1. 1 Whether the jury's guilty verdict on count 4 was logically inconsistent with acquittals on counts 1,2,3 and 5
  2. 2 Whether the conviction on count 4 was safe and should be overturned
  3. 3 Proper evaluation of complainant's testimony given translation and internal inconsistencies

Ratio Decidendi

The Court refused leave and dismissed the appeal because, on the whole of the evidence, the jury was entitled to find that the specific incident forming count 4 amounted to unlawful sexual intercourse; the verdict was not irrational or unsafe and there was no legal error warranting intervention by the appellate court.

Court Disposition

Application for leave to appeal against conviction refused; related appeal dismissed; conviction on count 4 upheld

Orders

  • Application for leave to appeal against conviction refused
  • Appeal against conviction dismissed