29 Jul 2022
HKSAR v. ARIF AQIB AND ANOTHER
- Citation
- [2022] HKCA 1030
- Court
- Court of Appeal
- Case number
- CACC223/2020
Leave to appeal was granted only on the narrow issue of whether the judge's additional direction on 'encouragement' (as a form of participation) given in response to a jury question was legally correct and sufficiently linked to the prosecution's joint enterprise case; all other grounds were refused because the summing‑up made clear the prosecution relied on inference from the evidence (vehicles, proximity, weapons display, VRIs), the jury were repeatedly and properly directed on use of co‑defendant statements and identification, and the evidence provided a sufficient basis for the jury to in…