R. v. VLAU YUET MING and Others

R. v. VLAU YUET MING and Others

Where a trial magistrate has fully and properly considered discrepancies and lies affecting a witness's credibility but nonetheless gives cogent reasons for accepting parts of that witness's evidence necessary to establish the offences, an appellate court will not disturb the conviction; the appeals are dismissed.

Citation
R. v. VLAU YUET MING and Others
Parties
Respondent: THE QUEEN; 1st Appellant: LAU YUET MING; 2nd Appellant: TSE SHUN LEUNG; 3rd Appellant: MAN HO WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 1997
Case Number
HCMA79/1997
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Against Conviction; Judgment on Appeal
Outcome
Appeals against conviction dismissed.
Legal Topics
Common Assault, False Imprisonment, Criminal Intimidation, Witness Credibility, Unsafe Conviction
Source Language
EN
Criminal Law Evidence Appeal/review Common Assault False Imprisonment Criminal Intimidation Witness Credibility Unsafe Conviction

Case Brief

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Parties

THE QUEEN

Respondent

LAU YUET MING

1st Appellant

TSE SHUN LEUNG

2nd Appellant

MAN HO WAH

3rd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Against Conviction; Judgment on Appeal

Legal Issues

  1. 1 Whether the magistrate erred in accepting parts of the prosecution witness's evidence despite lies and inconsistencies
  2. 2 Whether the convictions were unsafe or unsatisfactory given inconsistencies between evidence and police statements and defence witnesses
  3. 3 Whether an appellate court should re-evaluate witness credibility in place of the trial magistrate

Ratio Decidendi

Where a trial magistrate has fully and properly considered discrepancies and lies affecting a witness's credibility but nonetheless gives cogent reasons for accepting parts of that witness's evidence necessary to establish the offences, an appellate court will not disturb the conviction; the appeals are dismissed.

Court Disposition

Appeals against conviction dismissed.

Orders

  • Appeals against conviction dismissed.