香港特別行政區 訴 吳詠澤
法院在重審全部證據（包括五段CCTV及會面紀錄P8）後認為控方證供誠實可靠，P8係自願錄得且可呈堂，閉路電視片段直接證明上訴人在貨架內取得被盜電話，合併足以在毫無合理疑點下證明盜竊罪，故駁回上訴，維持定罪及原判處。
Source excerpt
- Theft
- Confession admissibility
- Voluntariness of statements
- Cctv evidence
- Retrial standard
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香港特別行政區 訴 趙浩宏
The court acquitted the defendant because the prosecution failed to disprove self-defence beyond reasonable doubt and the two principal prosecution witnesses were found not credible; the defendant made no admissions and the acquittal was not technical, therefore the prosecution must pay the defendant's costs.
Source excerpt
- Self-defence
- Acquittal
- Prosecution disclosure
- Witness credibility
- Costs order
- Police investigation failures
香港特別行政區 訴 陳瑞文 Simon
The court found that the prosecution failed to prove D5 was on the road during the alleged unlawful assembly and that the use of a facial covering by D5 was reasonably explained as protection against tear gas (consistent with police practice), the prosecution's criticism was a double standard, and accordingly D5 was acquitted and his costs application was granted.
Source excerpt
- Unlawful assembly
- Use of facial covering
- Anonymity of police witnesses
- Costs of prosecution/defence
- Tear gas exposure
香港特別行政區 訴 黃明偉
The recordings objectively corroborated PW1 that the appellant struck PW1 three times while PW1's hands were cuffed behind his back; the appellant's account was inconsistent with the recordings and environment evidence and therefore rejected; given those facts the prosecution proved the elements of common assault beyond reasonable doubt and the claimed belief in necessity of force was neither factually supported nor reasonable, so the conviction was upheld.
Source excerpt
- Assault
- Reasonable force
- Credibility of witnesses
- Video and audio evidence
- Criminal intent
香港特別行政區 訴 尹樹輝
The leave application was refused because the planting hypothesis was speculative and unsupported by evidence, the trial judge's acceptance of police testimony was within his discretion, and the appellant failed to show a reasonable doubt significant enough to justify appellate intervention.
Source excerpt
- Planting evidence
- Reasonable doubt
- Credibility of witnesses
- Conviction review
- Sufficiency of evidence
HKSAR v. OLOYEDE WASIU OLANREWAJU
算定毒品販運定罪的上訴案，法院拒絕批准上訴許可，認為證人前後不一、傳聞、傳譯錯誤及陪審團指示問題均不足以構成不公。
- Trafficking in dangerous drugs
- Credibility of witnesses
- No-case submission
- Hearsay
- Interpreter error
- Judicial directions to jury
HKSAR v. WONG WAI HO
The Court of Appeal granted leave to appeal on conviction and sentence, and treated the authenticity issue for video evidence as a point of law only.
- Identification evidence
- Video evidence admissibility
- Circumstantial evidence
- Inherent improbability
- Turnbull direction
- Assault occasioning actual bodily harm
HKSAR v. CHOW WING WAI
Leave to appeal was refused in a criminal case about alleged non-disclosure of a police notebook and alleged incompetence by trial counsel.
- Non-disclosure of unused material
- Ineffective assistance of counsel
- Police notebooks
- Search and seizure
- Credibility of witnesses
- Non-disclosure-of-unused-material
余祖林 對 警務處處長及另三人
法院認為原告於多處就事發經過、受傷部位及目擊證人等提供多個互相矛盾的版本， contemporaneous 醫療及救護記錄並不支持原告所稱之廣泛或嚴重身體傷害，故原告未能在優勢可能性下履行其舉證責任；因此駁回原告對各被告之申索。
Source excerpt
- Assault and battery
- Excessive force
- Credibility assessment
- Burden and standard of proof
- Contemporaneous medical records
- Costs
HKSAR v. IP TSZ YAU
Appeal from convictions for assaulting a police officer and drug offences allowed after undisclosed police notebooks were admitted as fresh evidence.
- Disclosure obligations
- Fresh evidence (s83v)
- Right to silence
- Trafficking in dangerous drugs
- Assault of police officer
- Retrial
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