8 Jun 2007
HKSAR v. SIU TAT YUEN
- Citation
- HKSAR v. SIU TAT YUEN
- Court
- Court of Appeal
- Case number
- CACC201/2005
Although material misdirections occurred on recklessness/honest belief and failure to direct that distress must be genuine and causally connected, the jury plainly accepted the complainants' testimony; on the facts no rational basis existed for acquittal on grounds of honest belief or lack of proof of knowledge of non‑consent, and the distress was plainly referable to the assaults — accordingly the proviso to s.83 CPO applies and the convictions and sentence are upheld.