Read the full judgment text of CACC 447/2010 on BabelCite. This Court of Appeal judgment was delivered on 31 January 2012 before Cheung JA, Hartmann JA, Barnes J.
Criminal law – leave to appeal – certificate for Court of Final Appeal – s.32(2) Hong Kong Court of Final Appeal Ordinance – alibi evidence – lateness of alibi notice – adverse comments – burden of proof – Browne v Dunn – great general importance – fact-specific – Application for leave to appeal to Court of Final Appeal by certificate – Applicant convicted of child pornography, criminal intimidation, and indecent assault – Alibi evidence admitted late during trial – Trial judge considered unexplained lateness in evaluating alibi witness – Court of Appeal refused leave to appeal conviction – Applicant sought certificate on points of law concerning lateness of alibi notice and adverse comments – Whether points of law of great and general importance – Held: Proposed points are fact-specific, not engaging legal principles – No adverse comments made – Application refused.
Legal issues: Leave to appeal – certification for Court of Final Appeal
Outcome: Application for certificate to appeal to the Court of Final Appeal refused.
Cited by 3 cases