Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Identification parade delay

  • 15 Jul 2016

    HKSAR v. AZAD MOHAMMAD FARHAN

    Citation
    HKSAR v. AZAD MOHAMMAD FARHAN
    Court
    Court of Appeal
    Case number
    CACC173/2015

    The Court found no merit in the grounds attacking conviction, upheld the convictions, and held that much of the appellant’s complaint about trial fairness and counsel conduct was without substance; on sentence the trial judge’s exercise of discretion miscarried — the appropriate determinate sentences for the two sexual offences were 15 years each to be concurrent, and part of the robbery sentence should run consecutively; accordingly the 18-year rape sentence was reduced to 15 years and two years of the 4-year robbery sentence ordered consecutive producing a 17-year aggregate in CACC173/2015;…

  • 15 Jul 2016

    HKSAR v. AZAD MOHAMMAD FARHAN

    Citation
    HKSAR v. AZAD MOHAMMAD FARHAN
    Court
    Court of Appeal
    Case number
    CACC253/2015

    Leave to appeal against conviction refused; appellate court found no merit in challenges to audibility, summing-up, jury directions, or prosecution comments given the trial record and directions. Sentence exercise was reopened: substituted 15 years for rape and non-consensual buggery (concurrent) and ordered 2 years of the 4-year robbery sentence to run consecutively producing a 17-year total in CACC173/2015; in CACC253/2015 ordered two years of the 5 years 4 months sentence to run consecutively to CACC173, resulting in a 19-year total for the appellant.

  • 21 Apr 1995

    R. v. CHEUNG KIN TAK and Others

    Citation
    R. v. CHEUNG KIN TAK and Others
    Court
    Court of First Instance
    Case number
    HCMA416/1994

    The magistrate conducted a detailed and careful evaluation of identification and credibility issues, applied the relevant identification principles (Turnbull), and was entitled to prefer prosecution witnesses after observing demeanour; the discrepancies and delay in identification did not render the identifications unsafe and the convictions were therefore upheld.