26 Sept 2022
香港特別行政區 訴 曾文蕊
- Citation
- [2022] HKCFI 2944
- Court
- Court of First Instance
- Case number
- HCMA142/2021
The trial judge properly considered the psychiatrist's opinion but was entitled to weigh it against contemporaneous evidence (CCTV, witness observations, conduct at payment) and to prefer the Crown's account; because the appellant did not testify the court could rely on the inconsistent out‑of‑court statements and other evidence; the expert evidence could not displace the judge's factual findings. The conviction was therefore safe and upheld.