19 May 1995
R. v. FUNG WAI LEUNG
- Citation
- R. v. FUNG WAI LEUNG
- Court
- Court of First Instance
- Case number
- HCMA109/1995
The conviction was unsafe because the magistrate's inference from possession left two possible distinct findings (that the appellant had taken the vehicle or that he drove it knowing it was stolen) but he failed to elect which limb of s14(1) was proved beyond reasonable doubt; therefore the appeal must be allowed and the conviction quashed, though no retrial was ordered given delay and time already served.