香港特別行政區 訴 溫漢錫

香港特別行政區 訴 溫漢錫

Because the offence was serious, the evidence against the appellant was strong, and a correct and full direction to the jury would likely have led to conviction, it was in the interests of justice and public interest to remit the case for retrial; the appellant was remanded pending retrial.

Source-derived case information.

Citation
[2018] HKCA 828
Parties
Appellant: 溫漢錫; Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 November 2018
Case Number
CACC327/2017
Procedural Posture
Criminal Appeal Against Conviction (drug Trafficking) / Leave to Appeal Granted; Conviction and Sentence Quashed; Remitted for Retrial; Appellant Remanded Pending Retrial
Outcome
Conviction and sentence quashed; case remitted to trial court for retrial; appellant remanded in custody pending retrial.
Legal Topics
Drug Trafficking, Conviction Appeal, Remittal for Retrial, Public Interest, Jury Directions
Source Language
ch
Criminal Law Narcotics Law Appellate Procedure Retrial Drug Trafficking Conviction Appeal Remittal for Retrial Public Interest +1 more

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Parties

溫漢錫

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Against Conviction (drug Trafficking) / Leave to Appeal Granted; Conviction and Sentence Quashed; Remitted for Retrial; Appellant Remanded Pending Retrial

Legal Issues

  1. 1 Whether to order a retrial after quashing the conviction
  2. 2 Whether the original conviction was unsafe due to trial error
  3. 3 Whether public interest and strength of evidence justify remittal for retrial

Ratio Decidendi

Because the offence was serious, the evidence against the appellant was strong, and a correct and full direction to the jury would likely have led to conviction, it was in the interests of justice and public interest to remit the case for retrial; the appellant was remanded pending retrial.

Court Disposition

Conviction and sentence quashed; case remitted to trial court for retrial; appellant remanded in custody pending retrial.

Orders

  • Conviction quashed
  • Sentence quashed