15 May 2023
The court was satisfied the dashcam footage was authentic and corroborated PW1's account that the appellant suddenly cut into PW1's lane at very close distance causing braking and swerving; that conduct fell below the standard required by s38(1) Road Traffic Ordinance and therefore constituted careless driving, so the magistrate's conviction was upheld.
19 Apr 2022
The appeal was dismissed because the magistrate lawfully and reasonably concluded on the evidence (including CCTV) that although the appellant may have had an honest belief justifying the initial contact, the subsequent multiple punches and kicks were neither necessary nor reasonable and therefore self-defence failed; there was no error in law or fact in the magistrate's findings, so the conviction is safe.
31 Jul 2020
On rehearing the appellate judge concluded the magistrate erred by giving full weight to incriminating passages of a mixed voluntary statement while dismissing exculpatory passages solely because unsworn; combined with material inconsistencies in PW2's evidence, implausibility of how the damage could have been caused, lack of supporting contemporaneous evidence (car cam, repair documentation), the conviction could not be maintained beyond reasonable doubt; appeal allowed and conviction quashed.
21 May 2020
The magistrate was entitled to refuse the private summons because the appellant failed to provide particulars establishing the essential elements of the alleged offence; there was no evidence of bias or denial of a fair hearing; therefore the appeal is dismissed.
30 Apr 2019
The conviction was unsafe because the trial tribunal relied on central evidence from PW2 about the proximity/contact which he could not reliably observe; his police statement and court testimony were materially inconsistent on a fact central to dangerousness and the magistrate should not have relied on that unreliable evidence; appeal allowed and conviction set aside.
28 Apr 2014
Application for bail pending appeal dismissed because applicant's own delay undermined the time basis and the appeal was not shown to be reasonably arguable prima facie: the magistrate's credibility findings and her approach to drawing inferences were not shown to be erroneous.
28 Feb 2014
The appellate court confirmed the magistrate's finding that the system of work lacked a reasonably practicable safety requirement that both signalmen independently confirm clearance before lifting; that omission rendered the system unsafe so far as reasonably practicable; the appellant failed to discharge the statutory defence under s.18; and common law defences of honest and reasonable belief and due diligence are not available in the face of the statutory defence. Accordingly the convictions were upheld.
9 Mar 2011
The appellate court accepted the psychiatrist's diagnosis and opinion that the appellant's depressive disorder and associated marked inattention/dissociative amnesia raised a real doubt as to whether she formed the requisite dishonest intent for theft; because that reasonable doubt existed the conviction was unsafe and was set aside.
8 Mar 2011
Magistrate permissibly found that placing bulky tins into an expandable leg pocket constituted concealment and that the appellant must have known the tins were in his pocket when he left, establishing dishonesty and intention to permanently deprive beyond reasonable doubt; the High Court gave deference to the magistrate's credibility findings and dismissed the appeal.
12 Jan 2010
The magistrate properly found the van and driver identified on the basis of PW1's contemporaneous observation of the registration number, corroborating physical evidence and the appellant's admission; the appellate court found no error in the credibility assessment and dismissed the appeal.