6 Mar 1990
ATTORNEY GENERAL v. LI FOOK-SHIU RONALD
- Citation
- ATTORNEY GENERAL v. LI FOOK-SHIU RONALD
- Court
- Court of Appeal
- Case number
- CACC3/1990
The Court held the judge applied an unduly strict test at the discharge stage by effectively requiring an irresistible inference beyond reasonable doubt at that point. The correct approach is to ask (1) whether there is some evidence of the crime, (2) whether the primary facts are of a quality permitting a jury to accept them, and (3) whether a jury properly directed could, may or might be satisfied beyond reasonable doubt of the inferences necessary for conviction. Applying that test the disclosed materials were sufficient to leave the issues to a jury; the discharges were quashed and trial…