6 Oct 2021
Leave to appeal was refused because the Court found the trial judge's directions, read as a whole and together with the second illustrative example and established jury guidance, fairly explained how to draw inferences; any minor imperfection did not amount to a material misdirection that would make the conviction unsafe.
1 Aug 2019
The judge correctly assessed the facts and legal principles: there was no realistic basis to conclude the oral admission was induced by oppression beyond those matters already addressed; the judge gave appropriate Mushtaq directions where required in relation to the notebook entry and the video interview; directions regarding refusal to answer and the evidential status of statements under s65B were adequate; the grounds lacked merit and leave to appeal was refused.
17 Oct 2007
The conviction was quashed because the magistrate’s finding that a voluntary confession was made was undermined by material inconsistencies in witness accounts and mischaracterisation of evidence; disbelief of the defence alone did not supply the necessary proof beyond reasonable doubt.
9 Sept 1999
The judge lawfully found the Applicant's admissions to police were voluntary and found PW2's evidence truthful and reliable; the inconsistencies alleged did not undermine those findings and there was no proper basis for the appellate court to interfere, therefore leave to appeal against conviction is dismissed.
1 Jun 1990
Taken in context the trial judge's directions adequately required the jury to consider the circumstances of the confessions including allegations of threats or inducements and did not mislead; and on the evidence showing firearms were with members of the group and known to the appellant the charge under s.18 was properly laid and did not require the Kelt formulation; therefore leave to appeal by D2 against conviction was dismissed.
23 Dec 1980
The convictions of the 1st and 2nd defendants were quashed because the secret transmission of a book to the jury after retirement constituted a fatal irregularity that could not be treated as cured by subsequent directions; additionally the judge's direction on the treatment of police statements was legally inadequate because voluntariness goes to truth and must be considered before weight, and the judge failed to explain the legal meaning of possession in relation to the evidence; however, allowing a closing speech for the prosecution was not wrongful as it is an established practice in Hong…
29 Oct 1971
The court allowed the appeal on the robbery charge because the prosecution failed to prove robbery beyond reasonable doubt — the victim did not positively identify the watch, the appellant denied being the robber, and the magistrate's reliance on recent possession and admissions was insufficient; however the conviction for possession of an offensive weapon was upheld because the bloodstained file was found on the appellant and there was no compelling basis to overturn that factual finding.
15 Jul 1971
The conviction was upheld because the learned Magistrate accepted the victim's immediate and confident identification and found the alleged admission voluntary; given that assessment and the available corroborating circumstances, the appellate court would not disturb the magistrate's credibility findings and therefore dismissed the appeal.
8 Jun 1971
Although the learned Magistrate made inaccuracies about which witness heard the oral admission and there were slight discrepancies in the wording of the question and answer, the cautioned writing was found voluntary and the totality of the evidence was overwhelming; therefore the conviction was safe and the appeal must be dismissed.