由此
- 12 A
A
in relation to charge 5 she was the subject of a gross indecent assault at
B
B
the hands of the defendant between 12 noon and 3 pm and to the extent
C
that DW1 testified that between 12:30 pm and 2 pm the defendant was at
C
the Buddist Hospital in Wong Tai Sin, I reject it.” At first glance, it gives
D
D
one an impression that the judge had already accepted the evidence of
E
F
Miss X before even considering the alibi evidence. However, reading
this sentence in context, we are satisfied that the judge has used an
unfortunate turn of phrase.
G
H
E
F
We are satisfied that what he meant to convey
was that he found Miss X’s evidence credible and the alibi evidence did
not throw doubt on Miss X’s evidence; nor did such evidence cause him
G
H
any concern.
I
J
K
L
I
39.
Grounds 5 and 6 failed.
40.
In relation to ground 7, the short answer is that Miss X only
J
told the court what she believed to be the applicant’s home—from what the
K
L
applicant told her. She did not testify that the place where she was first
M
N
indecently assaulted was indeed the applicant’s home. The fact that the
applicant was living in a building markedly different from the one
M
N
described by Miss X is neither here nor there. It is certainly not
O
P
Q
R
inherently improbable for a man to borrow someone else’s place for the
purpose of taking a girl there.
41.
This ground also failed.
The convictions were neither unsafe nor unsatisfactory.
O
P
We
therefore dismissed the application for leave to appeal against convictions.
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R
S
S
T
T
U
U
V
V
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