Hong Kong Case Law: Decisions & Judgments

Topic

Consent and drunkenness

Legal area

Court

4 Mar 2021

HKSAR v. ALI NAZAKAT

Citation

[2021] HKCA 121
Court

Court of Appeal
Case number

CACC15/2019

The Court held the 3rd and 4th VRIs and evidence of the dishonesty offences and illegal entry were admissible because they were interrelated with the sexual offence, relevant to the appellant's credibility and the issue of consent, and not admitted to show propensity; the judge gave adequate directions (including on lies and non-use of immigration status) so there was no real risk of unfairness — appeal dismissed.
7 Aug 2020

HKSAR v. ALI NAZAKAT

Citation

[2020] HKCA 679
Court

Court of Appeal
Case number

CACC35/2019

The court held that the dishonesty offences were admissible because they formed part of the same incident and were relevant to present a truthful whole picture to the jury, but acknowledged that parts of the 3rd and 4th VRIs (spending spree and illegal entry details) might be more prejudicial than probative and therefore gave limited leave to appeal on those points; directions on drunkenness were adequate and the sentencing approach including enhancement for immigration status and consecutive term was not reasonably arguable as excessive.
7 Aug 2020

HKSAR v. ALI NAZAKAT

Citation

[2020] HKCA 679
Court

Court of Appeal
Case number

CACC15/2019

The court held that the dishonesty offences formed part of the single course of criminal conduct and were therefore relevant and admissible to present the whole picture to the jury; however, some material in the 3rd and 4th VRIs could be arguably more prejudicial than probative and should have been redacted, rendering those discrete admissibility issues reasonably arguable on appeal; the jury directions on drunkenness were ultimately adequate and the sentencing decisions, including enhancement for immigration status and consecutive term, were within judicial discretion and not manifestly exce…

Hong Kong Case Law

HKSAR v. ALI NAZAKAT

HKSAR v. ALI NAZAKAT

HKSAR v. ALI NAZAKAT