24 Mar 2017
HKSAR v. LAM MAN YING AND ANOTHER
- Citation
- HKSAR v. LAM MAN YING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC357/2014
The judge's failure to direct the jury that they must consider the case against each defendant separately was a material non‑direction as to the 2nd applicant given the substantial differences in evidence between the two defendants, rendering her conviction unsafe; the 2nd applicant's conviction was quashed and retrial ordered. The same non‑direction was not material as to the 1st applicant because the evidence against him was overwhelming, so his conviction and leave refusal were upheld (proviso applied as to the 1st applicant).