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The Court of First Instance refused a Third Party amendment to add a preliminary issue on a sea waybill package limitation clause, but allowed deletions from the summons.
The Court of Appeal refused leave and dismissed all appeals in the Occupy Central public nuisance case, upholding convictions and the sentences for D1 and D8.
The trial judge accepted the attendant's testimony and CCTV evidence which corroborated intentional pushing by the appellant; those credibility findings were not irrational or impossible and therefore the prosecution proved all elements of common assault beyond reasonable doubt, so the conviction stands.
Source excerpt
The Court held that gross negligence in the offence of manslaughter by gross negligence is proved by application of an objective standard of reasonableness as enunciated in R v Adomako; there is no additional requirement that the prosecution prove the defendant's subjective awareness of an obvious and serious risk of death, although evidence of such awareness is relevant to liability.
Source excerpt
Application under s 27 of the Legal Practitioners Ordinance to admit Clare Montgomery QC to appear in a criminal appeal was refused.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, holding the issues on judicial immunity and Basic Law Article 85 were not of great general or public importance.
The Court of Appeal upheld convictions of a barrister for champerty, holding that fee-sharing arrangements with lay clients were criminal and that no exception applied.
The Court of First Instance refused to certify a question to the Court of Final Appeal about whether the internet is a “public place” for outraging public decency.
The Court of Appeal allowed the sentence appeal in part, reducing the conspiracy-to-pervert sentence and fixing part of it consecutively, for a total of 4 years 3 months.
High Court appeal on perverting the course of justice. The court allowed the appeal, finding insufficient evidence that the appellant’s offer had the necessary tendency.
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