香港特別行政區 訴 吳森雄

香港特別行政區 訴 吳森雄

The Court dismissed the leave application because the trial judge's comprehensive, reasoned assessment of all evidence — including the child's account and the credibility of witnesses — was within her discretion and not vitiated by legal error; the proposed fresh evidence was unreliable, tainted by improper...

Source-derived case information.

Citation
[2022] HKCA 727
Parties
Applicant: WU Senxiong; Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 May 2022
Case Number
CACC43/2021
Procedural Posture
Criminal / Leave to Appeal Against Conviction (court of Appeal Determination)
Outcome
Application for leave to appeal dismissed; conviction and sentence upheld
Legal Topics
Indecent Assault, Credibility of Child Witness, Admission of Fresh Evidence, Right to Silence, Appellate Review of Credibility Findings
Source Language
ch
Criminal Law Sexual Offences Evidence Appeal Indecent Assault Credibility of Child Witness Admission of Fresh Evidence Right to Silence +1 more

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Parties

WU Senxiong

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal / Leave to Appeal Against Conviction (court of Appeal Determination)

  1. 1 Whether the conviction is unsafe given inconsistencies in the complainant's accounts
  2. 2 Whether the trial judge erred in assessing credibility of witnesses including the child complainant
  3. 3 Whether fresh evidence (A/X dialogue) should be admitted under s83V and whether it is credible

Ratio Decidendi

The Court dismissed the leave application because the trial judge's comprehensive, reasoned assessment of all evidence — including the child's account and the credibility of witnesses — was within her discretion and not vitiated by legal error; the proposed fresh evidence was unreliable, tainted by improper recording and not sufficiently credible to undermine the verdict, so no real prospect of successful appeal existed.

Court Disposition

Application for leave to appeal dismissed; conviction and sentence upheld

Orders

  • Leave to appeal dismissed
  • Appeal dismissed and conviction and sentence of 39 months imprisonment affirmed