Pinky Nari, Belinda Ma, and Holden Slutsky Succeed in Overturning Conviction in Criminal Appeal

Share to Facebook Share to Twitter Share to Google Plus

Pinky Nari, Belinda K.Y. Ma, and Holden N. Slutsky, instructed by the Bar Free Legal Service Scheme, a scheme established to provide free legal advice and representation in cases where Legal Aid is not available or where a party is unable to afford legal assistance but where the case is thought to be one where assistance should be given, successfully appealed the criminal conviction of the appellant in HCMA 49/2018.

The appellant was originally found guilty in the Kwun Tong Magistrates’ Courts of having committed an act of a lewd, obscene or disgusting nature or outraging public decency by taking an up-skirt video clip of a female on the escalators inside Mega Box.

Appealing his conviction, counsel for the appellant successfully argued that (i) his conviction was unsafe and/or unsatisfactory as the magistrate had erred in finding the appellant’s behaviour was deliberate and that the possibility of accident could not be excluded, and (ii) the magistrate had misunderstood the evidence before him and drew conclusions when there was no evidence to support the same resulting in an error in the findings of facts.

Ultimately, the appellant’s conviction was quashed and the sentence set aside.

A link to the judgment dated 10 September 2020 may be found here.