10 Jan 2018
HKSAR v. YAN SIN MAN
- Citation
- [2018] HKCA 6
- Court
- Court of Appeal
- Case number
- CACC367/2015
The judge erred in allowing the jury to infer that the applicant authored the notebook entries and phone photographs and in permitting those records to be used as proof against the applicant of actual drug trafficking when there was insufficient evidence (no fingerprints or handwriting link) to justify that inference; the records could only be used, if at all, as circumstantial evidence of possession of records characteristic of trafficking and with limiting directions; the misdirection created a real danger of wrongful inference and requires quashing the conviction.