23 Mar 2018
HKSAR v. PAK WING BUN
- Citation
- [2018] HKCA 150
- Court
- Court of Appeal
- Case number
- CACC38/2017
Where substantial independent evidence of provenance and consistency exists (three TVB witnesses and complainant identification), a trial judge may properly find video footage prima facie authentic and compare it with other footage; however, it is reasonably arguable that the judge erred in identifying the 3rd applicant as a participant in the assault when that identification rested significantly on disputed clothing/glove/height features which should have been ventilated at trial; the sentence of 2 years is reasonably arguable as manifestly excessive.