15 Jan 2020
HKSAR v. JOSEPH NABEEL
- Citation
- [2020] HKCA 44
- Court
- Court of Appeal
- Case number
- CACC181/2018
The appeal was allowed because the prosecution framed the case on the appellant's occupancy of Room 3576 but the admissible evidence was insufficient to permit the jury to infer occupancy and consequent possession for trafficking as the only reasonable inference; prejudicial hearsay was admitted and investigative failures further weakened the case so the court could not be sure the jury accepted the officers' evidence of attempted disposal; substitution was inappropriate and retrial was refused as not in the interests of justice given delay and investigative shortcomings.