Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accidental touching defence

Legal area

Court

20 Jun 2018

香港特別行政區訴楊子偉

Citation

[2018] HKCFI 1393
Court

Court of First Instance
Case number

HCMA525/2017

The trial judge's acceptance of the complainant's account and rejection of the appellant's explanations were reasonable, supported by the evidence and adequate reasons were given; there was no miscarriage of justice and the conviction was safe.
17 Feb 2017

HKSAR v. KOTECHA, KRISHNA RAJESH

Citation

HKSAR v. KOTECHA, KRISHNA RAJESH
Court

Court of First Instance
Case number

HCMA502/2016

The appeal was allowed because on rehearing the court was not satisfied beyond reasonable doubt that the touching was deliberate and that the appellant had the intention to indecently assault; the trial magistrate had not given sufficient consideration and reasons in relation to the appellant's unchallenged character evidence and the real possibility of accidental contact, rendering the conviction unsafe and liable to be set aside.