14 Oct 2011
HKSAR v. LEE SZE LUNG AND ANOTHER
- Citation
- HKSAR v. LEE SZE LUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC16/2010
By majority the court allowed the 1st applicant's appeal and quashed his conviction because, on the facts, the absence of an appropriate direction on genuine but mistaken belief (and, as found by one judge, serious omission by defence counsel to put a material part of the defence to the complainant) rendered the trial unsafe; the 2nd applicant's appeal was dismissed because no reasonable basis existed on the evidence for a genuine belief direction and the trial judge's directions were adequate.