Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory amendment affecting intent
  • 2 Jun 1971

    LAM WOON-NANG v. THE QUEEN

    Citation
    LAM WOON-NANG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC138/1971

    The conviction was quashed because the jury were misdirected by repeated statements that the accused's evidence should be judged on the balance of probabilities; no new trial was ordered because the evidence was sufficiently weak that a retrial would be unjust and a conviction on retrial would be a matter of chance; caution given that references to balance of probabilities are dangerous except where law places an onus on the accused.