THE QUEEN v. WONG MO KEUNG
The magistrate properly found the cautioned statement voluntary after reasoned assessment, the identification evidence and the admitted statement together provided overwhelming evidence, and any irregularity from mixed representation was immaterial to the outcome; therefore the conviction stands.
- Citation
- THE QUEEN v. WONG MO KEUNG
- Parties
- Prosecution: The Queen; Appellant: Wong Mo-keung
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 20 October 1989
- Case Number
- HCMA1073/1989
- Procedural Posture
- Magistracy Criminal Appeal / Appellate Judgment
- Outcome
- Appeal dismissed; conviction upheld.
- Legal Topics
- Robbery, Identification Evidence, Cautioned Statement, Voluntariness of Confession, Identification Parade, Conflict of Representation, Turnbull Guidelines
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Wong Mo-keung
Appellant
Procedural Posture
Magistracy Criminal Appeal / Appellate Judgment
Legal Issues
- 1 Whether the cautioned statement was voluntary and admissible
- 2 Whether identification evidence required Turnbull warnings and was safe
- 3 Whether mixed representation at the identification parade created a material irregularity affecting the trial outcome
Ratio Decidendi
The magistrate properly found the cautioned statement voluntary after reasoned assessment, the identification evidence and the admitted statement together provided overwhelming evidence, and any irregularity from mixed representation was immaterial to the outcome; therefore the conviction stands.
Court Disposition
Appeal dismissed; conviction upheld.
Orders
- Appeal dismissed.
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