Hong Kong Case Law: Decisions & Judgments

Topic

Rehearing on evidence

Legal area

Court

21 Jun 2024

HKSAR v. DREO, ERLINDA MOVILLA

Citation

[2024] HKCFI 1782
Court

Court of First Instance
Case number

HCMA181/2024

Given the breach of trust, the not negligible value of the suitcase, aggravating conduct (fabricated ownership story, permanent damage to the logo to conceal the item) and conviction after trial, the sentencing judge lawfully exercised discretion in imposing an immediate custodial sentence of 4 months; no exceptional circumstances warranted suspension or reduction and the appellate court will not disturb the sentence.
30 Apr 2019

HKSAR v. LI DANDAN

Citation

[2019] HKCFI 1114
Court

Court of First Instance
Case number

HCMA373/2018

The conviction was unsafe because the trial tribunal relied on central evidence from PW2 about the proximity/contact which he could not reliably observe; his police statement and court testimony were materially inconsistent on a fact central to dangerousness and the magistrate should not have relied on that unreliable evidence; appeal allowed and conviction set aside.
9 Feb 2018

香港特別行政區訴胡文厚

Citation

[2018] HKCFI 296
Court

Court of First Instance
Case number

HCMA344/2017

The trial judge’s acceptance of the complainant’s credible evidence and rejection of the appellant’s account was a reasoned and sober evaluation of the evidence without material error; absent any irrationality or demonstrable mistake the appellate court must defer and therefore the conviction is safe and must be upheld.

Hong Kong Case Law

HKSAR v. DREO, ERLINDA MOVILLA

HKSAR v. LI DANDAN

香港特別行政區 訴 胡文厚

香港特別行政區訴胡文厚