8 Dec 2023
律政司司長 訴 岑國熙
- Citation
- [2023] HKCFI 3139
- Court
- Court of First Instance
- Case number
- HCMA323/2022
The conviction was unsafe because it rested solely on the evidence of PW1 whose credibility and reliability were seriously impugned by adverse findings in related proceedings and by inconsistencies in his records and testimony; the trial judge failed to give proper weight to those considerations and improperly disbelieved the defence counsel's explanation, producing unfairness. In those circumstances and having regard to the standard of proof, the appeal is allowed and the conviction and sentence are quashed.