Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing for plea decision
  • 24 Aug 1994

    CHAN WAI v. R.

    Citation
    CHAN WAI v. R.
    Court
    Court of Appeal
    Case number
    CACC688/1993

    The convictions were unsafe because a material irregularity occurred when the complainant was counselled by a police psychologist during trial and the summing-up failed to fairly and adequately direct the jury on critical weaknesses (delay, lack of corroboration, medical evidence undermining penetration); additionally the trial judge improperly increased sentence for the defendant having required the complainant to give evidence. These combined defects deprived the defendant of a fair trial, warranting quashing of convictions and no re-trial.