8 Feb 2007
HKSAR v. NAWAZ Imran
- Citation
- HKSAR v. NAWAZ Imran
- Court
- Court of Appeal
- Case number
- CACC18/2005
The trial judge misdirected the jury by treating s.47(2) as imposing a persuasive burden on the accused to prove lack of knowledge on the balance of probabilities; that misdirection could have affected the jury and therefore rendered the conviction unsafe. Applying the law as clarified in Hung Chan Wa, the conviction was quashed and a retrial ordered in the interests of justice; bail was granted pending retrial. The Court also assessed sentence mitigation if conviction had stood and fixed a 15‑month reduction for voluntary assistance in the sentencing calculus.