6 Jan 1984
THE QUEEN v. LAI KIN MING
- Citation
- THE QUEEN v. LAI KIN MING
- Court
- Court of Appeal
- Case number
- CACC380/1983
The jury directions improperly conflated the separate cases and presumptions applicable to the two defendants, creating a real risk the jury was left with the wrong impression of the applicant's evidential onus on count two; separately, the recorded admissions (Exhibit P2A) were obtained by interrogation in custody in circumstances constituting oppressive and unfair conduct and breach of the charging/notification principle, so the statement should have been excluded; consequence: conviction could not stand and was quashed.