Results.
88 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
December 2005
19 December 2005
The appellants' convictions were quashed for insufficient evidence, unreliable identification, and possibility the theft occurred while off-duty.
Criminal law
— Circumstantial evidence — shifting of burden where theft may occur off-duty
— identification evidence — reliability and motive
— sufficiency of evidence
15 December 2005
15 December 2005
15 December 2005
Criminal trespass charges are inappropriate where rival purchasers claim competing title; such disputes require civil action.
Trespass — Trespass to land — Proof of ownership and unlawful entry
— remedy by civil action
— Title disputes are civil matters
15 December 2005
15 December 2005
8 December 2005
8 December 2005
November 2005
29 November 2005
14 November 2005
Conviction based on uncorroborated co-accused testimony is unsafe; conviction, sentence and restitution quashed.
Criminal law — Receiving stolen property — Accomplice evidence
— conviction on uncorroborated accomplice evidence unsafe
— corroboration cannot be supplied by speculation or unproven flight
— testimony of co-accused
8 November 2005
Child‑rape conviction quashed for failure to hold voir dire, lack of corroboration and breach of mandatory in‑camera trial requirement.
Criminal law — evidence of child witness — voir dire — s127 Evidence Act
Criminal procedure — sexual offences trials to be in camera — Mandatory in‑camera proceedings under s3(5) Children and Young Persons Ordinance (as amended)
Evidence — Confessional/cautioned statements and corroboration — Corroboration of confession
8 November 2005
1 November 2005
October 2005
Convictions quashed where appellate court found failure to consider defence and re‑enacted statutory provision made repeal curable.
Criminal law — Corruption (obtaining an advantage) — Recipient’s innocent belief as defence
Criminal procedure
— duty to evaluate defence evidence — Misdirection if defence evidence ignored
— repeal and transitional provisions — Conviction under repealed statute curable if re‑enacted identically
28 October 2005
Leave to appeal refused where applicants failed to show a point of law or provide evidential foundation for s372(2) challenge.
Criminal procedure
— Investigating officer appearing as prosecutor — Whether appointment of a police officer as public prosecutor under section 95 is preliminary and can await trial or appeal — Criminal Procedure Act s 95
— Revision — interlocutory orders not normally appealable — Criminal Procedure Act s 372(2)
28 October 2005
24 October 2005
Conviction for office breaking and stealing quashed for insufficiency of evidence and unreliable corroboration.
Criminal law — theft and office breaking
— burden of proof beyond reasonable doubt
— corroboration requirements
— handwriting expert evidence
— identification of stolen property
— possession by suspect
— sufficiency of evidence
17 October 2005
17 October 2005
Application for extension of time refused; conviction sustained by recent-possession evidence despite some procedural irregularities.
Criminal procedure
— delays in certification of judgment — rights to expeditious justice
— Evidence Act s.122 — doctrine of recent possession supports conviction where accused found with recently stolen goods
— Evidence Act s.127(2) — reception of child witness evidence requires assessment of intelligence and duty to tell truth
— Extension of time to appeal
4 October 2005
September 2005
Failure to record conviction on guilty plea is incurable; failure to consider licence cancellation reasons is curable.
Criminal procedure
— Judgment must specify offence and statutory provision (s.312(2) CPA) — Failure to state statutory section renders conviction a nullity — Criminal Procedure Act s.312(2)
— conviction on plea of guilty — Recording admissions and facts under section 228 Criminal Procedure Act — Criminal Procedure Act s.228(2)
Road traffic law — Licence cancellation — Cancellation under s 27(1)(a) — Road Traffic Act s.27(1)(a)
30 September 2005
Failure to record conviction and to specify the offence vitiated the respondent's conviction; licence-cancellation omission was irregular but curable.
Criminal procedure
— plea of guilty — failure is incurable and fatal
— Retrial — discretionary, ordered only in interests of justice
30 September 2005
Convictions quashed where court ignored defence evidence; conviction under re‑enacted corruption provision curable.
Criminal law — Corruption — soliciting and receiving bribe — Requirement to prove corrupt mens rea and consider defence evidence
Criminal procedure — conviction quashed and retrial ordered — Whether a conviction under a repealed statute is curable where re‑enacted in identical words
Evidence — evaluation of prosecution and defence evidence — Trial court must consider prosecution and defence together and give reasons (s312(1) Criminal Procedure Act)
21 September 2005
Identification was unreliable and a retracted cautioned statement, lacking corroboration, could not sustain conviction.
Criminal law — Visual identification
Criminal procedure — cautioned statements
— appellate courts may itself assess voluntariness
— Trial-within-trial required where voluntariness is contested
Evidence — Confession evidence — Retracted confession
20 September 2005
Conviction quashed for lack of corroboration, procedural irregularities and misdirection; retrial refused.
Criminal law
— Evidence — Delay in reporting and its effect on reliability — Effect on proof beyond reasonable doubt
— Unnatural offence — corroboration of child complainant’s evidence — Evidence Act s 127(2)
Criminal procedure — fair trial — denial of access to seized documents and magistrate’s conduct creating reasonable apprehension of unfairness — Right of accused to peruse exhibits and make full answer and defence
20 September 2005
Visual identification by known witnesses at night upheld conviction despite a misdirected alibi rejection.
Appellate practice — Appellate review — ability to re-examine factual findings though trial court has advantage of seeing witnesses
Civil procedure — Delay in arrest — flight may explain delay and does not necessarily vitiate identification
Criminal law — Visual identification — high threshold but admissible where conditions favourable (prior acquaintance, sufficient light, proximity, prompt naming)
Criminal procedure — Alibi
— accused does not bear burden to prove
— misdirection on burden may not be fatal if evidence remains cogent
20 September 2005
Conviction quashed for procedural irregularities, unreliable child evidence and failure to prove unnatural offence beyond reasonable doubt.
Criminal law — admissibility and reading of PF.3 medical reports (exhibits)
— accused’s right to peruse/read
— conviction quashed for failure to prove guilt beyond reasonable doubt
— delay in arrest and non-production of key witnesses
— discrepancies between oral testimony and medical reports
— misdirection by trial court assessing wrong offence
Criminal law — Evidence Act s.127(2)
— unsworn child evidence
— voire dire requirement for child witness
Criminal law — Sexual offences involving children
6 September 2005
August 2005
Presence in a vehicle overnight does not, without more, prove the appellant stole money from that vehicle.
Criminal law — theft from motor vehicle — sufficiency of evidence
— custody-holder may be alternative suspect
— Presence on vehicle overnight insufficient to establish theft
26 August 2005
Conviction for rape unsustainable where complainant's age and consent unclear and s127(7) reasons were not recorded.
Criminal law — Rape — Consent and complainant’s age — Corroboration and credibility
25 August 2005
Conviction for child rape quashed where medical and circumstantial evidence were inconclusive and inferences speculative.
Criminal law — Rape — Sufficiency of evidence
— Medical findings (old scar, perforated hymen) not decisive absent proof of causation
— speculative inferences unsafe to sustain conviction
25 August 2005
25 August 2005
24 August 2005
Rape conviction quashed where complainant's uncorroborated testimony and weak third‑party report were insufficient.
Criminal law — Rape
— Admissibility of corroborative testimony by family and third parties — Weak or repudiated admissions do not amount to corroboration
— Sufficiency of evidence and corroboration — Medical and third‑party reports corroborating complainant’s account
24 August 2005
Failure to call the accused to plead (contrary to section 228(1)) is a fatal irregularity nullifying conviction and sentence.
Criminal procedure — Plea-taking
24 August 2005
Failure to record an accused's plea under section 228(1) nullifies the trial, quashing conviction and sentence.
Criminal procedure — Recording of plea mandatory — Proceedings, conviction, sentence and ancillary orders nullified — Appeal allowed
24 August 2005
24 August 2005
24 August 2005
Appeal allowed: conviction for rape of a minor quashed for inadequate medical proof and reliance on minor inconsistencies.
Criminal law — Rape — conviction cannot be sustained by trivial inconsistencies in evidence unrelated to carnal knowledge or consent
Evidence
— Child witness
— Medical report (FF3/PF3) — where its contents are challenged the medical officer who examined the victim must be called to tender it and be available for cross‑examination
— Proof
23 August 2005
Appeal allowed: conviction for rape of a child quashed due to reliance on trivial contradictions, failure to call medical officer, and absent credibility finding.
Criminal law — Evidence — tendering of medical report (PF3)
— duty to call medical officer
— Improper reliance on trivial contradictions and previous bail history
Criminal law — Rape — Sufficiency and safety of conviction
23 August 2005
Retracted confessions corroborated by circumstantial and identification evidence supported murder convictions and death sentences.
Criminal law
— alibi — burden and effect
— Murder — Circumstantial evidence and identification
— Retracted cautions/confessions — voluntariness and corroboration
— Trial-within-trial evidence — admissibility and weight
18 August 2005
Plea-based conviction unsafe without proof of victim's age; conviction and sentence quashed, retrial ordered.
Criminal law
— Plea of guilty — Unequivocal and voluntary plea
— Sentencing under section 131(1) and proviso to section 131(2) (Penal Code, as amended) — New allegations of torture raised first on appeal inadmissible — Retrial ordered
15 August 2005
A guilty plea must be unequivocal and material facts—especially ages determining sentence—must be proved; failure requires retrial.
Criminal law — guilty plea
— appellate inadmissibility of new complaints not raised in grounds of appeal
— mandatory life sentence provision where victim under ten years
— proof of ages of accused and complainant material to conviction and sentence
— requirement of an unequivocal plea supported by clear proof of all material facts
15 August 2005
A charge combining distinct complainants and unclear particulars is incurably defective; uncorroborated evidence cannot support conviction.
Criminal procedure
— Defective particulars — charge joining two distinct complainants and periods — equivocal plea — incurable defect
— Evidence — uncorroborated testimony insufficient to prove employment and arrears beyond reasonable doubt
15 August 2005
Positive identification and evidence of weapons supported armed robbery; familial ties alone did not discredit witnesses.
Criminal law
— Armed robbery — visual identification — factors to consider: time and duration of observation, distance, source and intensity of light, prior acquaintance, promptness of naming, corroboration
— credibility of interested witnesses — Whether testimony of relatives required independent corroboration
Criminal procedure — second appeal — New alibi on second appeal — Not admissible if not raised or in the record
9 August 2005
July 2005
Night identification and recent possession of stolen property (s.122 Evidence Act) sustained conviction; appeal dismissed.
Criminal law
— Credibility — familial or tribal relationship among witnesses does not automatically invalidate testimony absent evidence of collusion
— Robbery with violence — Visual identification — prior sighting, duration of observation, lighting and immediate reporting as safeguards against mistaken identity
Evidence — possession of stolen property — recent possession presumption
5 July 2005
June 2005
Applicant’s request to file appeal out of time dismissed; conviction and statutory thirty-year rape sentence upheld.
Criminal procedure — High Court’s power
— statutory minimum sentence
— Sufficiency of evidence in rape conviction
20 June 2005
16 June 2005
Conviction for theft quashed where prosecution failed to prove identity and relied on uncorroborated accomplice evidence.
Criminal law
— Criminal appeal — Quash conviction and set aside sentence — Appellate quashing of unsafe conviction
— Theft and possession of stolen property — sufficiency of identification evidence — Requirement that prosecution prove time, place and identity beyond reasonable doubt
— accomplice evidence — requirement of independent corroboration before convicting on accomplice testimony — Need for independent corroboration
16 June 2005
Non‑compliance with CPA s.21(1) when a magistrate takes over trial vitiates conviction and warrants retrial.
Criminal procedure
— s.21(2) — High Court power to set aside conviction and order retrial where accused materially prejudiced
— Transfer of trial between magistrates
14 June 2005
Conviction and mandatory life sentence quashed due to absence of evidential proof of victim's age; retrial ordered.
Criminal law — Rape — Plea of guilty
— conviction quashed and retrial ordered
— evidential proof of victim's age required where mandatory sentence depends on victim being a minor
— improper to impose mandatory life sentence under amended Penal Code without establishing age
— requirement that plea be unequivocal
14 June 2005
May 2005
21 May 2005