26 Jan 2017
The non-disclosure of the five other officers' notebooks was material to credibility findings (they confirmed interception of defence witnesses nearby) and, together with the judge's improper adverse use of the appellant's silence, rendered the convictions unsafe; therefore convictions were quashed and retrial ordered, and the notebooks and floor plan admitted for appeal purposes.
14 Nov 2007
The magistrate's acceptance of the prosecution witnesses and rejection of the appellant's account furnished direct and compelling evidence that the appellant assaulted PW1; there was no sufficient basis for the appellate court to disturb the credibility findings, so the conviction was upheld.
22 Sept 2005
Because the trial was before a judge alone who expressly declared he would treat any prior convictions as minor and there was no indication the judge was affected by the revelation, the disclosure did not render the conviction unsafe; leave to appeal against conviction is dismissed.
13 Oct 1998
The conviction was quashed because a subsequently obtained medical report, not produced at trial but shown to be authentic, contained materially different injury findings that could have affected the magistrate's credibility assessment; therefore the verdict could not stand. However, a retrial was refused because the offence was minor and public interest did not justify expending resources on a new trial.
13 Nov 1978
The magistrate was entitled and required under s.27 of the Magistrates Ordinance to question witnesses to clarify inconsistencies; the reference to an informer in this case was not prejudicial; discrepancies between prosecution witnesses were minor and did not undermine credibility of the primary witness; the chemist's certificate established quantity giving rise to the presumption of trafficking; viewed as a whole the evidence supported convictions and the appellate court will not interfere, so the appeal is dismissed.
14 Jul 1970
Where a driver in possession of his licence drives off after being required to produce it, drags a constable clinging to the vehicle through heavy traffic and thereafter strikes the constable causing him to fall, the constable was acting in the execution of his duty and the driver's conduct constitutes assault and dangerous driving; an asserted brake defect was insufficient to justify or excuse the conduct on the facts.