23 Oct 2008
HKSAR v. LEUNG CHI WAH EARNEST AND ANOTHER
- Citation
- HKSAR v. LEUNG CHI WAH EARNEST AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC275/2007
The Court held that the trial judge misapplied the Li Defan principle: for D2 because the defence had called significant exculpatory evidence (DW1 and documents) which was capable of explaining the payment and therefore silence did not justify strengthening prosecution inferences; for D3 because weaknesses and inconsistencies in the prosecution's circumstantial and identification case meant it was not an exceptional case requiring the accused to give evidence. Consequently the convictions could not safely stand and were quashed.