29 Jan 2015
HKSAR v. NG CHIN YUE WILSON AND ANOTHER
- Citation
- HKSAR v. NG CHIN YUE WILSON AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA684/2013
Post-offence consumption of alcohol can constitute the actus reus of perverting the course of public justice where it has a tendency to affect forensic breath analysis used in ensuing curial proceedings; s39C(12) is not a conclusive bar to relevance of such consumption because the statutory evidential effect is rebuttable; intention must be proved and may be inferred from circumstances where the only irresistible inference is perversion of justice—on the facts the conviction of A2 was safe and her sentence appropriate, but the evidence was insufficient to exclude a reasonable innocent inferen…