Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Witness intoxication and credibility

Legal area

Court

16 May 2019

香港特別行政區訴王家豪

Citation

[2019] HKCFI 1125
Court

Court of First Instance
Case number

HCMA250/2018

The appeal is allowed because, on the whole of the evidence, significant doubts arose from the complainant's apparent ability to perceive prolonged touching yet not protest or resist and from her intoxicated state; those doubts made the conviction unsafe and unsatisfactory such that the conviction and sentence must be set aside.
2 Mar 2006

HKSAR v. HO, KIT-HO

Citation

HKSAR v. HO, KIT-HO
Court

Court of First Instance
Case number

HCMA992/2005

The appellate court found the magistrate's credibility and identification findings were justified on the evidence; PW1's intoxication was insufficient to nullify his evidence; PW2's identification complied with Turnbull analysis and was reliable; the brief absence of the appellant was not a material irregularity affecting the verdict; and the detention centre sentence was within proper discretion and not so disparate as to require reduction. Accordingly the appeals against conviction and sentence were dismissed.