18 Apr 2024
香港特別行政區 訴 陳俊迪
- Citation
- [2024] HKCFI 1064
- Court
- Court of First Instance
- Case number
- HCMA177/2022
On re‑examination the appellate court accepted that purposive searching in shared parts can amount to loitering under s.160(3) but concluded the trial judge over‑emphasised the complainant's subjective fear and did not sufficiently apply the objective standard; on the whole of the evidence the prosecution had not proved beyond reasonable doubt that a reasonable person would have feared for safety, therefore the conviction was unsafe and was quashed.