31 Mar 2009
HKSAR v. POON CHING KI
- Citation
- HKSAR v. POON CHING KI
- Court
- Court of Appeal
- Case number
- CACC38/2008
Where the defence's cross-examination merely challenged the witnesses' version of events rather than their general reputation for truthfulness, the judge erred in admitting and relying on evidence of the accomplices' lack of prior convictions (oath-helping). Because the conviction depended critically on the credibility of accomplice witnesses and the appellate court could not assess their credibility afresh, the conviction was unsafe; appeal allowed, convictions quashed and retrial ordered.