14 Nov 2007
HKSAR v. HOWARD KENNETH MCCALL
- Citation
- HKSAR v. HOWARD KENNETH MCCALL
- Court
- Court of Appeal
- Case number
- CACC81/2006
The conviction on count 1 was safe because the judge's directions were adequate, discrepancies in police evidence were properly left to the jury, the decision not to prosecute Chan did not produce unfairness, and the post-retirement jury communication (receipt of statute extract and refusal of audiotape) was an irregularity that was not material to cause a miscarriage of justice; however the sentencing on count 2 required correction because the judge failed to allow the usual one-third discount appropriate to the admitted partial possession, warranting reduction of the count 2 sentence to 12…