18 Feb 2021
香港特別行政區 訴 鄧皓文及另一人
- Citation
- [2021] HKCA 167
- Court
- Court of Appeal
- Case number
- CACC40/2017
The court held that the trial judge erred in his directions to the jury about the effect of asserted police oppression on a co-accused's recorded confession: where the jury conclude oppression occurred the confession must be discarded regardless of whether parts of it appear true (Mushtaq principle). That error rendered the conviction of the second applicant unsafe; leave to appeal and the appeal were allowed for him and his conviction quashed. By contrast the first applicant's challenges failed because the trial judge repeatedly and adequately directed the jury that the co-accused's confessi…