21 Nov 2006
HKSAR v. MAK WING CHEUNG AND ANOTHER
- Citation
- HKSAR v. MAK WING CHEUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC437/2003
The trial judge's board of directors analogy and related comments, taken together with the prolonged and unattended period of jury deliberation, constituted misdirection and created a real risk of impermissible pressure on jurors such that the first applicant's conviction was unsafe; the proviso was inapplicable and the conviction and sentence were quashed. The second applicant's sentence was within acceptable range given the quantity, international aspect and his role and his appeal against sentence was dismissed.