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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused leave to appeal against a murder conviction, holding the expert-evidence complaint was a mixed question of law and fact.
The Court of Appeal ordered a retrial for murder, holding that the trial error did not justify substituting manslaughter and that fair-trial concerns could be managed.
The Court of Appeal quashed Lai Kan-yau’s murder conviction after fresh call records showed he did receive a return call from his father, making the prosecution’s lie allegation unsafe.
The Court of Appeal refused leave to appeal against conviction, holding that interpreter errors in a video-recorded interview were minor and did not make the murder trial unfair.
Court of Appeal refused renewed leave to appeal against a murder conviction, holding there was no evidential basis for self-defence and no misdirection on unlawful killing.
Appeal against sentence for theft of a mobile phone. The High Court held the victim’s deliberate provocation and prior history justified suspending the term.
Conviction was upheld (appellant withdrew challenge). Appropriate starting point was 10 months after assessing seriousness and comparable cases; applying the one-fifth guilty plea discount reduced it to 8 months, and in fairness a further one-month discretionary reduction was made (consistent with the magistrate's earlier adjustment), resulting in a final sentence of 7 months' imprisonment.
Source excerpt
The Court of Final Appeal refused leave to appeal in a murder case, holding there was no basis to require a jury direction on unlawful and dangerous act manslaughter.
The Court of Appeal refused out-of-time leave to appeal a murder conviction, rejected fresh psychiatric evidence, and held the provocation directions were adequate.
Leave to appeal was granted on grounds concerning post-offence conduct and fresh evidence, but refused on the provocation/inferential reasoning ground.
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