28 Jul 2010
HKSAR v. CHU CHI WAH
- Citation
- HKSAR v. CHU CHI WAH
- Court
- Court of Appeal
- Case number
- CACC211/2009
Retrial refused: specimen counts are impermissible and the prosecution failed to satisfy the court it could particularise the offending into identifiable first occasions or provide evidence to support amended particularised charges; for charges 1 and 2 inconsistent and unreliable date evidence (including dependency on an abortion allegation) rendered a retrial unfair to the accused, so the court exercised its discretion to refuse retrial.