HKSAR v. CHAN KWUN CHUNG
Bail pending appeal was refused in a manslaughter conviction because the proposed appeal grounds were not shown likely to succeed.
- Manslaughter
- Gross negligence
- Bail pending appeal
- Summing up
- Duty of care
- No case to answer
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HKSAR v. KHAN TAIMOOR
Court of Appeal dismissed leave to appeal against conviction and sentence in a robbery case, upholding the jury directions, identification evidence, and 8½-year sentence.
- Robbery
- Identification evidence
- Turnbull direction
- Right to silence
- Summing up
- Telephone records as evidence
HKSAR v. MAKHUBU BUSISIWE MINAH
The Court of Appeal dismissed leave to appeal against conviction for trafficking 551.5 grammes of heroin, holding the summing up must be read as a whole.
- Trafficking in dangerous drugs
- Jury directions
- Burden and standard of proof
- Summing up
- Majority verdict
- Leave to appeal
HKSAR v. TAM WING MING
The Court of Appeal dismissed an appeal against conviction for trafficking in ketamine, holding that the co-defendant’s guilty plea caused no prejudice and the jury directions were adequate.
- Trafficking
- Possession
- Knowledge
- Jury directions
- Admitted facts
- Guilty plea of co-defendant
HKSAR v. HO HOI SHING
Court of Appeal dismissed a criminal leave application, holding there was no evidential basis to leave unlawful act manslaughter to the jury and the provocation directions were fair.
- Murder
- Manslaughter
- Provocation
- Unlawful act manslaughter
- Jury directions
- Summing up
HKSAR v. LAU CHUN PONG
Appeal leave was refused in a trafficking conviction case. The court held there was no evidential basis to leave simple possession to the jury.
- Trafficking
- Possession
- Jury directions
- Alternative verdicts
- Credibility of witnesses
- Summing up
HKSAR v. CHEUNG KANG CHAU, CHARLES
Court of Appeal dismissed a leave application in a murder appeal arising from an arson death, holding the jury had been properly directed on intent and no unfairness arose.
- Murder v manslaughter
- Intent (virtual certainty test)
- Jury directions
- Summing up
- Jury question
- Murder-v-manslaughter
HKSAR v. LAU CHI KIT
The Court of Appeal dismissed an application to treat an abandoned leave-to-appeal application as a nullity, holding the applicant understood the effect of abandonment.
- Abandonment of appeal
- Leave to appeal
- Conviction
- Sentence
- Summing up
- Abandonment-of-appeal
HKSAR v. CHAN WAI-MAN ANDY
The Court of Appeal dismissed the applicant’s request for leave to appeal against a murder conviction, finding no arguable ground and no flaw in the trial judge’s summing up.
- Murder
- Manslaughter
- Provocation
- Intent
- Summing up
- Leave to appeal
TANG KWOK WAH, DIXON v. HKSAR
Leave to appeal was granted under the substantial and grave injustice limb only, based on arguable defects in jury directions on inference and witness credibility.
- Rape
- Consent
- Jury directions
- Inference of guilt
- Credibility of witness
- Leave to appeal
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