HKSAR v. Ho Yin Ting

CAC C 56/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 56 OF 2012

(ON APPEAL FROM HCCC NO. 206 OF 2011)

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BETWEEN

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J U D G M E N T

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Hon Yeung VP (giving the Judgment of the Court):

1.On 28 February 2013, we handed down the reasons for judgment dismissing the applicant’s application for leave to appeal against a rape conviction.

2.The applicant, represented by Ms Vennie Chiu, asks this court to certify under S32(2) of the Hong Kong Court of Final Appeal Ordinance Cap 484 that a point of law of great and general importance is involved in the decision of this court.  The question said to be a point of law of great and general importance is as follows:

“Is it a misdirection to direct the jury in respect of recent complaint in sexual cases that if the complainant’s recent complaint is largely consistent, she is more likely to be truthful?”

3.As we had said in paragraph 76 of our reasons for judgment, the only relevance of recent complaint relates to the credibility of the complainant in a sexual offence and it is just common sense that if the complaints are largely consistent with her own account of the incident, she is more likely to be truthful.

4.We are not persuaded that the question posed for consideration is a point of law, let alone one of great and general importance.

5.The application for a certificate is therefore refused.

Mr Tam Sze Lok, Isaac, SADPP (Ag) of the Department of Justice, for the Respondent

Ms Vennie Chiu, instructed by B Manek & Co, for the Applicant