Read the full judgment text of CACC 232/2015 on BabelCite. This Court of Appeal judgment was delivered on 22 June 2018 before McWalters JA.
Criminal appeal – appeal aid certificate – kidnapping contrary to section 42 of the Offences Against the Person Ordinance, Cap 212 – applicant convicted with co-accused and sentenced to 19 years' imprisonment – applicant not legally represented – no perfected grounds of appeal – complaints set out in correspondence, affirmation and oral submissions – whether grounds reasonably arguable – adequacy of jury directions on identification evidence of PW2 who had poor eyesight – additional evidence of presence at police checkpoint not constituting a contradictory alibi – alleged translation failures in PW2's Punjabi testimony – prosecution's failure to translate Punjabi document consulted by PW2 – adequacy of directions on evidence of co-accused D5 – application refused – applicant appeared in person – respondent represented by Mr Prakash L Daryanani SPP of the Department of Justice.
Legal issues: Adequacy of jury directions on PW2's identification evidence · Whether additional evidence supports an alibi · Alleged translation failures in PW2's testimony · Use of untranslated Punjabi document by PW2 · Adequacy of jury directions on D5's evidence
Outcome: Application for an appeal aid certificate refused; the applicant's complaints do not form a reasonably arguable ground of appeal.
Cited by 45 cases · Cites 1 case