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Hong Kong decisions
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The Court of Appeal refused leave to appeal against conviction in a robbery and wounding with intent case, finding the forensic evidence and jury directions sufficient.
Trial judge properly and repeatedly viewed CCTV footage and compared it with contemporaneous hospital photographs; cumulative features — identical football shirt with identifiable marks, short hair and hairline, matching short trousers with Adidas marking, observed change of footwear, repeated appearances on clear channel footage, and head injury consistent with medical report — supported reliable identification. The judge had taken Turnbull cautions into account. The totality of evidence proved the appellant's participation in the affray beyond reasonable doubt; conviction stands.
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The Court of Appeal refused an out-of-time application for leave to appeal by an absconding convicted defendant, finding no exceptionally strong grounds to reopen the case.
高院原訟法庭在重新聆訊中裁定身份辨認證據不足且程序有瑕疵，接納上訴，撤銷盜竊及普通襲擊定罪並撤銷刑罰。
Leave to appeal against conviction for robbery was refused. The Court held the identification evidence, supported by CCTV footage, was sufficient under Turnbull.
The Court of Appeal quashed a conviction for wounding with intent, holding that material omissions and inconsistencies in the complainant’s identification evidence made the conviction unsafe.
The appeal against an indecent assault conviction was dismissed. The court upheld the magistrate’s identification findings, relying on the complainant’s careful evidence and Turnbull warnings.
Leave to appeal against conviction was refused after the Court of Appeal held there was no arguable ground, relying on PW4’s evidence and the applicant’s presence on the upper deck.
The trial judge made a careful, Turnbull‑informed assessment, accepted PW2 as an honest and credible witness notwithstanding limited inconsistencies, found the identification opportunity adequate, and the appellate court concluded there was no misdirection or unsafe reliance on identification evidence; accordingly the application for leave to appeal was dismissed.
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Appeal against a theft conviction dismissed. The court held the magistrate properly assessed identification evidence and the discrepancy about clothing did not undermine reliability.
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