Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alternative verdict (s.83a cpo)
  • 3 Dec 2008

    HKSAR v. WONG YING KIT

    Citation
    HKSAR v. WONG YING KIT
    Court
    Court of Appeal
    Case number
    CACC27/2008

    The conviction for robbery was quashed because the judge's reliance on the 2nd defendant's evidence was unsafe: the accomplice's account was inherently improbable on the timeline and geography, the judge failed to assess the accomplice's propensity and credibility properly, and alternative explanations for the 1st defendant's possession were not adequately considered; substitution of an alternative verdict for handling was not made because the trial judge did not make findings (or clear implications) as to the appellant's knowledge that the pendant was stolen independent of the flawed accompl…