香港特別行政區 訴 林宗斌及另一人

香港特別行政區 訴 林宗斌及另一人

Court ordered retrial because the offences were serious, the original trial judge failed to give correct and sufficient jury directions on evidence of uncharged conduct and post‑offence behaviour which could have materially affected assessment of prosecution and defence evidence, the prosecution's evidence...

Source-derived case information.

Citation
[2021] HKCA 1507
Parties
Respondent: Hong Kong Special Administrative Region; First Applicant: Lam Chung Pan; Second Applicant: Tam Chi Fai
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 October 2021
Case Number
CACC285/2018
Procedural Posture
Conviction Appeal / Permission to Appeal Granted; Applications for Retrial and Costs Considered Post‑appeal
Outcome
Appeal allowed; convictions quashed; matters remitted for retrial in the High Court; applicants remanded in custody pending retrial; costs orders as specified.
Legal Topics
Retrial, Costs of Criminal Proceedings, Jury Directions, Uncharged Conduct Evidence, Bail Application Costs
Source Language
ct
Criminal Law Appeal Evidence Law Procedural Law Retrial Costs of Criminal Proceedings Jury Directions Uncharged Conduct Evidence +1 more

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Parties

Hong Kong Special Administrative Region

Respondent

Lam Chung Pan

First Applicant

Tam Chi Fai

Second Applicant

Procedural Posture

Conviction Appeal / Permission to Appeal Granted; Applications for Retrial and Costs Considered Post‑appeal

  1. 1 Whether a retrial should be ordered under statutory and common law principles
  2. 2 Balance between public interest in prosecution and defendants' right to finality and fair trial
  3. 3 Impact of defective jury directions about uncharged conduct and post‑offence behaviour on safety of conviction

Ratio Decidendi

Court ordered retrial because the offences were serious, the original trial judge failed to give correct and sufficient jury directions on evidence of uncharged conduct and post‑offence behaviour which could have materially affected assessment of prosecution and defence evidence, the prosecution's evidence (including an available witness) provides a realistic prospect of conviction on retrial, and there were no countervailing factors of prejudice or other considerations sufficient to make retrial unjust; costs for the original trial (excluding bail applications) are to follow the result of the retrial, appeal costs awarded to first applicant, and bail application costs refused due to the...

Court Disposition

Appeal allowed; convictions quashed; matters remitted for retrial in the High Court; applicants remanded in custody pending retrial; costs orders as specified.

Orders

  • Order that both applicants' cases be remitted to the Court of First Instance for retrial on the amended indictment
  • Both applicants to remain in custody awaiting retrial