20 Dec 1996
R. v. WONG WING SUN
- Citation
- R. v. WONG WING SUN
- Court
- Court of Appeal
- Case number
- CACC18/1996
By majority the Court held the conviction was unsafe or unsatisfactory under s.83(1)(a) because, on a review of the whole evidence, cumulative inconsistencies, evidentiary weaknesses (identification issues, conflicting statements, and forensic gaps) created a real possibility of wrongful conviction; therefore the appeal was allowed and the conviction quashed. The dissenting judge would have applied the proviso and dismissed the appeal, emphasizing deference to the jury where sufficient evidence exists.