30 May 2013
香港特別行政區 訴 譚明達
- Citation
- 香港特別行政區 訴 譚明達
- Court
- Court of First Instance
- Case number
- HCMA714/2012
上訴法院認為裁判官在分析證供時對上訴人向警員所述採取不適當的處理方式，並對控方目擊證人證供的若干事實存有保留，整體上認為定罪存在不穩定及不安全之處，因此撤銷定罪。
Hong Kong Case Law
Appellate review of unsafe convictions
31 Dec 1987
THE QUEEN v. YUEN SIU WAH AND ANOTHER
- Citation
- THE QUEEN v. YUEN SIU WAH AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC438/1987
The Court held that the conviction on the first count was safe because, on the evidence, the trial judge was entitled to reject the second defendant's claim of exclusive possession and to find the first defendant guilty of possession for the purpose of trafficking; however the conviction on the second count (possession of instruments) was unsafe because the judge failed to give adequate reasons for that verdict and it is therefore quashed; the application to appeal the sentence by Wong Siu Ling was dismissed and the custodial sentence of five years (with one month concurrent) was upheld.