11 May 2006
HKSAR v. MOHAMMED JAQUB BALOCH
- Citation
- HKSAR v. MOHAMMED JAQUB BALOCH
- Court
- Court of Appeal
- Case number
- CACC365/2005
Conviction upheld because the totality of direct evidence (complainant's account of seeing a penis, physical positioning described, trousers undone) and medical evidence of anal tears gave the jury a reasonable basis to infer penile penetration; the jury's brief inadvertent viewing of part of the complainant's videotaped evidence caused no demonstrable prejudice after the judge recalled the jury and gave a direction, and the judge properly left the timing/alibi issues to the jury; sentence to detention in a Training Centre was appropriate given the applicant's age, psychologist's report and t…