Hong Kong Case Law: Decisions & Judgments

Topic

Attempted rape

Legal area

Court

15 Sept 2025

HKSAR v. LAM SIU FUNG, ANDY

Citation

[2025] HKCA 826
Court

Court of Appeal
Case number

CACC38/2022

The Court refused the extension of time and dismissed the renewal application, leave to appeal and the appeal because the purported renewal was out of time, sought to introduce new grounds distinct from the Refused Perfected Ground, and those New Grounds were without merit on the evidence and law; the trial judge's directions, including on genuine but mistaken belief, were correct and the contested evidence was properly admitted or was within admitted facts.
9 Jan 2024

HKSAR v. AMIR AFTAB

Citation

[2024] HKCA 32
Court

Court of Appeal
Case number

CACC12/2022

The Court refused renewal of leave to appeal because the trial judge's lengthy and standard directions on inconsistencies, inferences, speculation and hearsay were adequate; there was no bias; X's direct evidence together with cogent circumstantial and forensic evidence was sufficient to support a conviction for attempted rape; the complaint that the conviction was inconsistent with the pathologist's findings was misconceived; the new grounds were out of time and without merit.
5 Oct 2022

HKSAR v. AMIR AFTAB

Citation

[2022] HKCA 1495
Court

Court of Appeal
Case number

CACC12/2022

Leave to appeal was refused because the applicant failed to identify any reasonably arguable ground of appeal or any material error or irregularity on the trial record; the judge\'s summing-up was comprehensive and lawful, the child\'s recorded and forensic evidence supported the conviction, and the defence had elected not to call evidence after advice.
11 Dec 2020

香港特別行政區訴梅錦添

Citation

[2020] HKCA 1032
Court

Court of Appeal
Case number

CACC268/2019

All asserted grounds were either matters fully argued at trial or were dealt with by proper and adequate judicial directions; none disclosed an arguable miscarriage of justice warranting leave. The trial judge's evidentiary rulings and jury directions were appropriate and fair; application for leave is dismissed.
30 Oct 2020

香港特別行政區訴甘俊傑

Citation

[2020] HKCA 875
Court

Court of Appeal
Case number

CACC168/2019

The Court held the trial judge's 14-year benchmark for attempted rape was manifestly excessive on the facts; a 12-year starting point properly reflected the gravity given the aggravating features. Applying the admitted one-third guilty-plea reduction produced an 8-year term for count 2. The 3 years 4 months sentence for robbery (count 1) was appropriate but only 1 year of it should run concurrently with the 8-year term for count 2; the remainder and the short sentences for counts 3 and 4 should run consecutively, producing an aggregate sentence reduced from 12 years to 10 years 8 months.
20 Dec 2019

HKSAR v. QASIR JAHANGER

Citation

[2019] HKCA 1448
Court

Court of Appeal
Case number

CACC307/2018

Leave to appeal against conviction granted insofar as it was reasonably arguable the trial judge failed to direct the jury that the husband's out-of-court statement could not be used as proof of the facts asserted in it and could only be used for the limited purpose of assessing inconsistency and credibility; leave refused on grounds alleging the summing-up improperly favoured the prosecution and on the attempt direction because any error was not reasonably likely to be material; leave to appeal sentence refused because the 9-year term was not reasonably arguable as manifestly excessive given…
17 Jul 2018

HKSAR v. KONG CHI WING

Citation

[2018] HKCA 415
Court

Court of Appeal
Case number

CACC195/2017

The court refused leave because the applicant's challenges were attacks on the complainant's credibility properly for the jury, the summing‑up contained no error of law or significant misrecital of evidence, the applicant could not advance a new positive case on appeal having not testified, and therefore there were no reasonably arguable grounds for appeal.
21 Mar 2017

HKSAR v. KEITA ALI

Citation

HKSAR v. KEITA ALI
Court

Court of Appeal
Case number

CACC419/2015

The Court substituted a verdict of indecent assault and imposed 4 years' imprisonment because the assault involved sustained and excessive violence (suffocation, plastic bag over head, removal of clothing and slapping of genitals) against a frail elderly victim, and the appellant's paranoid tendency and impulsivity constituted limited mitigation; the previously suspended 2‑week sentence was activated pursuant to s109C(1)(a) because it was not unjust to do so in light of the subsequent offence.
14 Mar 2017

HKSAR v. KEITA ALI

Citation

HKSAR v. KEITA ALI
Court

Court of Appeal
Case number

CACC419/2015

The trial judge erred in failing to leave indecent assault as an alternative verdict because there was realistic evidential basis (complainant's evidence of being slapped on her genitalia and medical evidence consistent with blunt force or penile contact); the omission rendered the conviction for attempted rape unsafe, and under s83A CPO the Court substituted a verdict of guilty of indecent assault and quashed the attempted rape conviction.
20 May 2016

HKSAR v. KEITA ALI

Citation

HKSAR v. KEITA ALI
Court

Court of Appeal
Case number

CACC419/2015

Leave to appeal against conviction granted on the single ground that it is reasonably arguable the jury ought to have been directed on obvious alternative verdicts given the defence; the summing-up was otherwise adequate and there was no arguable ground on sentence, so leave to appeal against sentence refused.