Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of review on magistrates' appeals

  • 17 Apr 2024

    香港特別行政區 訴 洪成通

    Citation
    [2024] HKCFI 1258
    Court
    Court of First Instance
    Case number
    HCMA272/2023

    The appeal is dismissed because the record shows the appellant, after legal advice, admitted the facts and confirmed understanding and willingness to enter a 24-month bind-over; the magistrate lawfully exercised discretion given the seriousness and injuries; the late proffered photographs are not related to the incident and fail the Mohammad Rahman tests, so there is no basis to overturn the bind-over on rehearing.

    • Assault causing bodily harm
    • Bind-over/recognizance order
    • Admission of facts
    • Admission of fresh evidence
    • Standard of review on magistrates' appeals

  • 14 Jun 2018

    香港特別行政區 訴 陳裕機

    Citation
    [2018] HKCFI 1404
    Court
    Court of First Instance
    Case number
    HCMA537/2017

    The magistrate lawfully rejected the appellant's 'forgot to pay' defence after considering CCTV, conduct, and surrounding circumstances; expert evidence that the appellant had a propensity to forget did not compel acceptance that he in fact forgot at the relevant moment, and the appellate court must defer to the trial fact‑finder's credibility assessment; conviction was therefore safe.

    • Dishonesty
    • Mens rea
    • Credibility and demeanor
    • Expert psychiatric evidence
    • Standard of review on magistrates' appeals