28 Aug 2024
香港特別行政區 訴 鄧懷琛及另三人
- Citation
- [2024] HKCA 823
- Court
- Court of Appeal
- Case number
- CACC171/2021
The Court of Appeal allowed the prosecution appeal in relation to D1 because the trial judge materially erred by failing to consider binding admitted facts and the cumulative weight of environmental and documentary evidence when assessing identification, warranting overturning the acquittal and remitting the matter to the trial judge; the convictions of D5, D6 and D7 were upheld because the totality of video, witness and contextual evidence supported identification and participation; the convictions and sentences of D8 were quashed because the trial judge impermissibly required the accused to…