Hong Kong Case Law: Decisions & Judgments

Topic

Mixed statement direction

Legal area

Court

29 Jul 2022

HKSAR v. MUKASERA ESTINA

Citation

[2022] HKCA 1141
Court

Court of Appeal
Case number

CACC38/2021

The court granted leave to appeal against conviction on Grounds 1–3 as reasonably arguable because the impugned directions regarding packaging origin, out‑of‑court statements and investigative findings raised arguable issues to be ventilated on appeal; it refused leave on Ground 4 and refused leave to appeal against sentence because the mixed statement direction and the sentence (starting point of 23 years, 2‑year enhancement for international element, 1‑year reduction) were within lawful bounds and not manifestly excessive.
7 Dec 2020

HKSAR v. GARCIA ARISTIZABAL MARIA ALEJANDRA

Citation

[2020] HKCA 976
Court

Court of Appeal
Case number

CACC345/2019

The judge's failure to use the exact specimen mixed statement wording did not cause material prejudice because the summing-up repeatedly treated the applicant's interview as evidence and favoured her; the alleged inconsistency between police witnesses was not material to undermine the critical evidence; there was no evidential basis for self-consumption and the statutory definition of trafficking (including s2(3)) permits inclusion of residual quantities found in consumption equipment; therefore none of the grounds were reasonably arguable and leave to appeal was properly refused.
30 May 2019

HKSAR v. CHUNG YAU CHUEN

Citation

[2019] HKCA 610
Court

Court of Appeal
Case number

CACC301/2018

Although the judge did not give the Specimen Direction 40 for mixed statements, the omission was not material because the judge's summing‑up treated the applicant's VRI in terms that were at least as favourable to the defence as the Specimen Direction would have been; read as a whole the directions could not have produced a miscarriage of justice, so leave to appeal was refused and the appeal dismissed.

Hong Kong Case Law

HKSAR v. MUKASERA ESTINA

HKSAR v. GARCIA ARISTIZABAL MARIA ALEJANDRA

HKSAR v. CHUNG YAU CHUEN