18 Jan 2022
HKSAR v. BORCHERT HOLGER TORSTEN
- Citation
- [2022] HKCFI 231
- Court
- Court of First Instance
- Case number
- HCMA318/2021
The magistrate erred by concentrating exclusively on witness credibility without analysing the elements of AOABH and without properly addressing the appellant's s65C admissions and Exh D3 which raised a real inference of accident; on rehearing the evidence left a reasonable doubt as to mens rea so the conviction was unsafe and was quashed.