THE QUEEN v. CHOW FAT-KAI (D1) AND OTHERS

THE QUEEN v. CHOW FAT-KAI (D1) AND OTHERS

The appeal was allowed and the convictions were set aside because the only prosecution witness's evidence contained pervasive contradictions and inconsistencies on essential matters, rendering the convictions unsafe and unsatisfactory.

Citation
THE QUEEN v. CHOW FAT-KAI (D1) AND OTHERS
Parties
Respondent: THE QUEEN; 1st Appellant: CHOW Fat-kai; 2nd Appellant: CHUNG Kit-Kwong; 3rd Appellant: LAM Siu-hoi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 1988
Case Number
HCMA764/1988
Procedural Posture
Magistracy Criminal Appeal / Hearing and Judgment on Appeal
Outcome
Appeal allowed; convictions set aside
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Blackmail, Credibility of Witness, Joint Enterprise, Unsafe Conviction
Source Language
EN
Criminal Law Evidence Robbery Assault Occasioning Actual Bodily Harm Blackmail Credibility of Witness Joint Enterprise Unsafe Conviction

Case Brief

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Parties

THE QUEEN

Respondent

CHOW Fat-kai

1st Appellant

CHUNG Kit-Kwong

2nd Appellant

LAM Siu-hoi

3rd Appellant

Procedural Posture

Magistracy Criminal Appeal / Hearing and Judgment on Appeal

Legal Issues

  1. 1 Whether convictions based solely on a single inconsistent witness were safe and satisfactory
  2. 2 Whether the magistrate erred in failing to address material contradictions in the prosecution witness's evidence
  3. 3 Whether there was evidence to convict the 2nd appellant as a participant in a joint enterprise

Ratio Decidendi

The appeal was allowed and the convictions were set aside because the only prosecution witness's evidence contained pervasive contradictions and inconsistencies on essential matters, rendering the convictions unsafe and unsatisfactory.

Court Disposition

Appeal allowed; convictions set aside

Orders

  • Convictions set aside