31 Jul 2020
HKSAR v. BROOK EDWARD JOSHUA
- Citation
- [2020] HKCFI 1805
- Court
- Court of First Instance
- Case number
- HCMA590/2019
On rehearing the appellate judge concluded the magistrate erred by giving full weight to incriminating passages of a mixed voluntary statement while dismissing exculpatory passages solely because unsworn; combined with material inconsistencies in PW2's evidence, implausibility of how the damage could have been caused, lack of supporting contemporaneous evidence (car cam, repair documentation), the conviction could not be maintained beyond reasonable doubt; appeal allowed and conviction quashed.