2 Sept 2016
HKSAR v. SILVA BARBA ALEXANDER ALBERTO
- Citation
- HKSAR v. SILVA BARBA ALEXANDER ALBERTO
- Court
- Court of Appeal
- Case number
- CACC12/2015
The conviction was quashed because the trial judge committed material misdirections: he failed to direct the jury that an adverse inference may only be drawn where it is the only reasonable inference, and he improperly told the jury without evidential basis that there were many reasons why contact may not produce DNA or fingerprints; those misdirections were material to the issue of knowledge and could not be regarded as cured, warranting quashing and ordering a retrial.