22 Dec 1970
KO PING v. THE QUEEN
- Citation
- KO PING v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC586/1970
The magistrate wrongly excluded evidence of a prior occasion (5th September) which the Crown was entitled to adduce to prove habitual user; that exclusion prevented proof of an essential element and rendered the conviction unsafe, therefore the appeal is allowed and a retrial ordered before a differently constituted court.