香港特別行政區 訴 王嘉麟及另一人

香港特別行政區 訴 王嘉麟及另一人

The Court accepted the trial judge's finding that PW1–PW4 were honest and reliable, that objective video evidence corroborated the presence of an unlawful assembly and the blocking of the road, and that discrepancies in peripheral details did not undermine the core identification of A2; accordingly A2's application...

Source-derived case information.

Citation
[2023] HKCA 99
Parties
Respondent: 香港特別行政區; Applicant: WONG KA LUN CHURCHILL (王嘉麟); Applicant: LAU CHUN LOK (劉俊樂)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 January 2023
Case Number
CACC213/2021
Procedural Posture
Criminal Appeal Leave to Appeal Against Conviction / Court of Appeal Hearing (leave Application)
Outcome
Application for leave to appeal against conviction refused; conviction and sentence upheld
Legal Topics
Unlawful Assembly, Identification Evidence, Turnbull Guidelines, Credibility Assessment, Video Corroboration
Source Language
ch
Criminal Law Evidence Appellate Procedure Unlawful Assembly Identification Evidence Turnbull Guidelines Credibility Assessment Video Corroboration

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Parties

香港特別行政區

Respondent

WONG KA LUN CHURCHILL (王嘉麟)

Applicant

LAU CHUN LOK (劉俊樂)

Applicant

Procedural Posture

Criminal Appeal Leave to Appeal Against Conviction / Court of Appeal Hearing (leave Application)

  1. 1 Whether identification evidence met Turnbull criteria and was reliable
  2. 2 Credibility and consistency of police witnesses PW2 and PW4
  3. 3 Whether the objective video evidence corroborated witness accounts

Ratio Decidendi

The Court accepted the trial judge's finding that PW1–PW4 were honest and reliable, that objective video evidence corroborated the presence of an unlawful assembly and the blocking of the road, and that discrepancies in peripheral details did not undermine the core identification of A2; accordingly A2's application for leave to appeal against conviction was refused and the conviction and sentence were upheld.

Court Disposition

Application for leave to appeal against conviction refused; conviction and sentence upheld

Orders

  • Application for leave to appeal against conviction refused
  • Conviction for unlawful assembly affirmed