11 Apr 2019
香港特別行政區 訴 劉偉強
- Citation
- [2019] HKCA 434
- Court
- Court of Appeal
- Case number
- CACC172/2017
The Court quashed the conviction and 10-year sentence because the trial judge gave incorrect directions on duress by threats or circumstances and refused the prosecution's application for a retrial because the evidence was weak, the applicant's conduct was inconsistent with typical robber behaviour, the conviction was by a narrow majority, the likelihood of conviction on retrial was low, and the public interest did not justify remanding the case for retrial given the substantial effective custodial time the applicant had served.