11 Feb 2010
NANCY ANN KISSEL v. HKSAR
- Citation
- NANCY ANN KISSEL v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC2/2009
Appeal allowed on grounds 1 and 2: cross-examination using bail materials is not absolutely prohibited but the way it was conducted here was unfair and prejudicial to the accused and amounted to a substantial and grave injustice; the hearsay evidence of the deceased's statements about suspected poisoning was wrongly admitted because its marginal relevance was outweighed by prejudicial effect and it was not properly connected to the issues left to the jury; the self-defence direction was adequate overall and ground 3 failed; conviction quashed and retrial ordered because proviso test for affir…