Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inference of occupancy
  • 16 May 2019

    HKSAR v. JOSEPH NABEEL

    Citation
    [2019] HKCA 527
    Court
    Court of Appeal
    Case number
    CACC181/2018

    Leave to appeal was granted because it was reasonably arguable that the trial judge erred in leaving to the jury the inference that the applicant was the occupier as the only reasonable inference and thereby failed to direct the jury that alternative inferences advanced by the defence (including that he was acting to assist an occupant) were open; that failure deprived the defence of important contextual weight and may have affected the verdict.