案情:

  1. 被告在一家具乐部非礼受害者。
  2. 总检察司引用刑事法典第354条文提控被告,一旦罪成可被判监禁最高10年或罚款或打鞭或两者兼施。
  3. 由于被告和原告的双方代表律师早前已达成庭外和解协议,但副检察司向推事提出反对意见。
  4. 副检察司向推事申请援引刑事程序法典第357条文,以对付拒绝在庭上供证的原告。因为总检察司认为此案不可被撤销。“若原告不供证,此案也有其他证人和证据,包括闭路电视的录影。”
  5. 被告的代表律师说,原告身为此案的实质证人,因有庭外和解协议在身而不供证,所以法庭没必要浪费时间审讯此案
  6. 推事庭援引刑事程序法典第173(g)条文,撤销总检察署针对被告黄天保的控状,但不等于无罪释放。

 

Criminal Procedure Code

173.Procedure in summary trials

The following procedure shall be observed by Magistrates in summary trials:

(a)

(b)

(c)

(d)

(e)

(f)       (i) When the case for the prosecution is concluded the Court shall consider whether the prosecution has made out a prima facie case against the accused.

(ii) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.

(g)      Nothing in paragraph (f) shall be deemed to prevent the Court from discharging the accused at any previous stage of the case if for reasons to be recorded by the Court it considers the charge to be groundless.

 

357.Refusal to give evidence

If any witness before a Magistrates Court refuses to answer such questions as are put to him or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, that Court may, for reasons to be recorded in writing, sentence him to imprisonment for any term not exceeding seven days, unless in the meantime that person consents to be examined and to answer or to produce the document. In the event of his persisting in his refusal he may be dealt with according to section 353 or 355 notwithstanding any sentence he may have undergone under this section.

 

Penal Code

354.Assault or use of criminal force to a person with intent to outrage modesty

Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to ten years, or with fine, or with whipping, or with any two of such punishments.

 

511.Punishment for attempting to commit offences punishable with imprisonment

Whoever attempts to commit an offence punishable by this Code or by any other written law with imprisonment or fine or with a combination of such punishments, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of such offence, shall, where no express provision is made by this Code or by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.

 

ILLUSTRATIONS

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.

 

sinchew (10/12/2013): http://bit.ly/2VrwMyN

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354 PC: 非礼-10.12.2013