15 Apr 2024
香港特別行政區 訴 吳文軒
- Citation
- [2024] HKCFI 991
- Court
- Court of First Instance
- Case number
- HCMA136/2020
The trial judge committed a material procedural irregularity by not exercising her discretion at the special hearing to exclude the appellant's admissions which were made without proper and timely caution; once those admissions are given no weight, the remaining evidence was insufficient to prove beyond reasonable doubt that the appellant knew the substance was a regulated poison, rendering the conviction unsafe and requiring it to be quashed.