14 Aug 2014
香港特別行政區 訴 陳建成
- Citation
- 香港特別行政區 訴 陳建成
- Court
- Court of First Instance
- Case number
- HCMA114/2014
The appellate court found that the unexplained discrepancy in the complainant's evidence about distance created a real and unresolved doubt which the trial judge failed to confront properly and effectively placed an evidential burden on the defence; therefore the careless driving conviction was unsafe and must be quashed, and the dependent offences based on that primary offence likewise fell.