28 Jan 2021
香港特別行政區 訴 劉俊霆
- Citation
- [2021] HKCFI 219
- Court
- Court of First Instance
- Case number
- HCMA267/2019
The conviction was unsafe because the trial judge failed to adequately evaluate and weigh the complainant's and defence evidence (including prior physical interactions and DW3's account) under the burden of proof standard, such that there was a real possibility the appellant may have held an honest but mistaken belief in consent; accordingly there was reasonable doubt and the conviction and sentence were quashed.
- Consent
- Credibility and reliability of witness testimony
- Reasonable doubt
- Judicial conduct (entering the arena)
- Honest but mistaken belief in consent