3 Feb 2016
HKSAR v. PEREZ OSORIO LUIS FERNADO
- Citation
- HKSAR v. PEREZ OSORIO LUIS FERNADO
- Court
- Court of Appeal
- Case number
- CACC88/2015
The judge's direction allowed the jury to rely on admissions even if they concluded the admissions were or may have been obtained by oppression; because a Mushtaq direction was required and was not given, and the respondent conceded the absence constituted a material irregularity that could not be cured by the proviso given the significance of the admissions, the conviction had to be quashed, the sentence set aside and a retrial ordered.