22 Jun 2021
HKSAR v. WHITE MICHAEL R
- Citation
- [2021] HKCFI 1824
- Court
- Court of First Instance
- Case number
- HCCC70/2020
Applying the Galbraith/Varlack approach, the judge concluded that although much of the non-email circumstantial evidence could support an inference of knowledge, the email correspondence legitimately permitted a competing innocent inference (that the defendant was duped as part of a fraudulent scheme). Because a reasonable jury properly directed could not be satisfied beyond reasonable doubt that the defendant knew of the drugs (the hypothesis of innocence remained reasonably open), there was no case to answer and the defendant was discharged.