3 Dec 2014
HKSAR v. CHU KIN SHAN CHRISTOPHER
- Citation
- HKSAR v. CHU KIN SHAN CHRISTOPHER
- Court
- Court of Appeal
- Case number
- CACC285/2013
The Judge's unequivocal finding that there was no evidence the applicant was a drug addict was incorrect in light of available indirect evidence; that error was material because it underpinned her assessment of other circumstantial evidence, rendering the conviction unsafe. The proviso could not be applied because the error cast doubt on the correctness of other findings. Accordingly the conviction was quashed and a retrial ordered because there remained sufficient evidence capable of supporting a trafficking charge.