香港特別行政區 訴 謝安

香港特別行政區 訴 謝安

The Court refused leave to appeal because the trial judge acted within her discretion: the cautioned admissions were correctly evaluated and admitted/excluded as appropriate, the prosecution's re-examination/recall remained within scope to clarify matters raised by the applicant, there was no prejudicial leading...

Source-derived case information.

Citation
[2022] HKCA 1181
Parties
Applicant: TSE ON (謝安); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 August 2022
Case Number
CACC46/2021
Procedural Posture
Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Against Conviction Refused at Court of Appeal
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Assault Occasioning Actual Bodily Harm, Wounding With Intent (wounding/knife Attack), Admissibility of Cautioned Statements, Witness Identification (turnbull Issues), Recall/re Examination of Witnesses, Self Representation and Fair Trial
Source Language
ch
Criminal Law Evidence Criminal Procedure Appeal Assault Occasioning Actual Bodily Harm Wounding With Intent (wounding/knife Attack) Admissibility of Cautioned Statements Witness Identification (turnbull Issues) +2 more

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Parties

TSE ON (謝安)

Applicant

香港特別行政區

Respondent

Procedural Posture

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

  1. 1 Whether cautioned statements were admissible and whether pre-caution statements should be excluded
  2. 2 Whether prosecution re-examination/recall exceeded permissible scope and denied fair opportunity to applicant to cross-examine
  3. 3 Whether judge improperly intervened in witness examination or permitted leading questions

Ratio Decidendi

The Court refused leave to appeal because the trial judge acted within her discretion: the cautioned admissions were correctly evaluated and admitted/excluded as appropriate, the prosecution's re-examination/recall remained within scope to clarify matters raised by the applicant, there was no prejudicial leading beyond uncontroversial background facts, the identification evidence was not contested so Turnbull directions were unnecessary, and there was no evidential basis to order psychiatric expert evidence; cumulatively the trial was fair and the convictions stand.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Application for leave to appeal against conviction refused
  • Applicant warned regarding risks under Criminal Procedure Ordinance section 83W