Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretion to remit for retrial
  • 28 Feb 2017

    香港特別行政區 訴 楊春霞

    Citation
    香港特別行政區 訴 楊春霞
    Court
    Court of Appeal
    Case number
    CACC427/2015

    The court refused to order a retrial because the appellant’s successful appeal was caused by the prosecution’s unduly narrow basis at trial; it would be unfair to require the appellant to face another prosecution for an offence that was neither egregious in amount nor role, she had already largely served the sentence, and refusing retrial would not materially harm the public interest.