Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consistency of evidence

Legal area

Court

21 Aug 2024

香港特別行政區訴柯育進

Citation

[2024] HKCFI 2607
Court

Court of First Instance
Case number

HCMA220/2023

Applying the retrial standard the Court concluded the magistrate’s key credibility findings were not sufficiently secure given material and unexplained inconsistencies between witnesses about how the alleged assault was described and relayed; those weaknesses rendered the conviction unsafe and required quashing.
30 Sept 1977

CHIU PUI-CHAI AND ANOTHER v. THE QUEEN

Citation

CHIU PUI-CHAI AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC308/1977

Convictions based on confessions and complainant evidence were unsafe where material inconsistencies (time, floor, item description) existed; similarity of confessions on the fourth charge was satisfactorily explained by police having learned particulars from the first appellant and did not invalidate the second appellant's statement; appellate court will quash the third charge conviction and reduce excessive concurrent sentences from five to four years for the upheld counts.