21 Jan 2022
HKSAR v. MUSAH HAKEEM TAHIRU alias TAHIRU MUSA HAKEM
- Citation
- [2022] HKCA 90
- Court
- Court of Appeal
- Case number
- CACC404/2017
The judge's reply, which re-emphasised that the jury must decide the case on the evidence they find proved, focus on the elements of the offence and apply the burden of proof beyond reasonable doubt, adequately addressed the jury's question; a Liberato direction had already been given in the summing-up and no repetition was necessary. The peripheral discrepancies identified did not create a substantial risk of miscarriage; therefore the conviction and sentence were safe and must be upheld.