2 Dec 2016
HKSAR v. CASTANEDA ORTIZ JAIRO
- Citation
- HKSAR v. CASTANEDA ORTIZ JAIRO
- Court
- Court of Appeal
- Case number
- CACC398/2015
The judge mischaracterised the defence by assuming it alleged fabrication rather than innocent mistake and then suggested that disciplined officers would not fabricate, contrary to authority (Leung Ka Yin); that misdirection rendered the conviction unsafe and required quashing; however, because the evidence could properly be re‑assessed by a jury, a retrial was ordered.