17 Jul 2000
HKSAR v. ROCHA RAMIREZ LUISA DEL CARMEN
- Citation
- HKSAR v. ROCHA RAMIREZ LUISA DEL CARMEN
- Court
- Court of Appeal
- Case number
- CACC518/1999
The trial judge erred in directing the jury they could take the applicant's pre-trial silence and late disclosure into account when assessing the credibility of her trial evidence, thereby inviting an adverse opinion contrary to common law limits on comment about silence; however, applying the proviso to s83(1) CPO, the misdirection did not occasion a miscarriage of justice given the strong circumstantial evidence, so the appeal was dismissed and the conviction upheld.