THE QUEEN v. PETER FITZROY GODBER

THE QUEEN v. PETER FITZROY GODBER

Judge accepted the testimony of the two prosecution witnesses (Cheng and Hunt) as substantially true despite inconsistencies and generous amnesties, found corroborative factors (meeting circumstances, payment in $500 notes, accused's contacts and unexplained increase in assets) sufficient to prove beyond reasonable doubt that the accused conspired to receive and did receive $25,000 as a bribe, and convicted the accused on both charges; sentencing principles required concurrent treatment of the conspiracy and substantive offence, custody to take effect from date of sentence, and a custodial term appropriate for a senior police officer to reflect denunciation and protect institutional...

Citation
THE QUEEN v. PETER FITZROY GODBER
Parties
Prosecution: The Queen; Defendant: Peter Fitzroy Godber
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCC13/1975
Procedural Posture
Criminal Extradition and Trial / Verdict and Sentencing
Outcome
Accused found guilty on both charges (conspiracy to receive a bribe and substantive receipt of a bribe) and convicted; sentencing proceeded
Legal Topics
Bribery, Conspiracy, Evidence (accomplice), Amnesty/indemnity, Police Postings Administration, Corroboration, Sentencing Principles
Source Language
EN
Criminal Law Anti Corruption Law Extradition Sentencing Bribery Conspiracy Evidence (accomplice) Amnesty/indemnity +3 more

Case Brief

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Parties

The Queen

Prosecution

Peter Fitzroy Godber

Defendant

Procedural Posture

Criminal Extradition and Trial / Verdict and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved conspiracy to receive a bribe and the substantive offence of receiving a bribe beyond reasonable doubt
  2. 2 How to assess accomplice testimony where witnesses received amnesties/indemnities
  3. 3 Whether the Postings Board process negates corrupt influence or the requisite corrupt intent

Ratio Decidendi

Judge accepted the testimony of the two prosecution witnesses (Cheng and Hunt) as substantially true despite inconsistencies and generous amnesties, found corroborative factors (meeting circumstances, payment in $500 notes, accused's contacts and unexplained increase in assets) sufficient to prove beyond reasonable doubt that the accused conspired to receive and did receive $25,000 as a bribe, and convicted the accused on both charges; sentencing principles required concurrent treatment of the conspiracy and substantive offence, custody to take effect from date of sentence, and a custodial term appropriate for a senior police officer to reflect denunciation and protect institutional...

Court Disposition

Accused found guilty on both charges (conspiracy to receive a bribe and substantive receipt of a bribe) and convicted; sentencing proceeded

Orders

  • Conviction recorded on two counts: conspiracy to corruptly receive a bribe and corruptly receiving a bribe of $25,000
  • Custodial sentence imposed to take effect from date of sentence (period of prior custody in England not deductible under local rule)