20 Jun 1985
THE QUEEN v. LAM HING NAM AND OTHERS
- Citation
- THE QUEEN v. LAM HING NAM AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC432/1984
The Court held that the trial judge was entitled to dismiss D6's defence and find the presumption under section 47 not rebutted, so D6's conviction was safe; but D7's conviction was unsafe because improper cross-examination on an antecedents statement created a real possibility that the judge's adverse credibility finding was influenced by that misuse, and because of delay and the short sentence already served a retrial was inappropriate, so D7's conviction and sentence were quashed.