3 Mar 2011
HKSAR v. WONG SUI WAI
- Citation
- HKSAR v. WONG SUI WAI
- Court
- Court of Appeal
- Case number
- CACC60/2007
Although the trial judge misstated the effect of the accused's first out-of-court statement by directing the jury to ignore it if not sure of its truth, the error was not prejudicial in the overall context: the jury were repeatedly and correctly directed about the burden of proof, the accused's adopted testimony and that they must acquit if his account "is or might be true"; applying s.83 CPO proviso there was no miscarriage of justice and the conviction and life sentence were properly upheld.