1 Nov 2013
香港特別行政區 訴 GONGSAEN JEERAWUN
- Citation
- 香港特別行政區 訴 GONGSAEN JEERAWUN
- Court
- Court of Appeal
- Case number
- CACC420/2012
The judge's direction went beyond permissible analysis of inconsistencies and explicitly invited the jury to consider whether the applicant had exercised the right to silence and to judge her credibility on that basis, which risked an adverse inference in breach of the legal principles in Lee Fuk Hing and subsequent authorities; because the impact on the jury was unknown and the case turned on the accused's credibility, the conviction could not stand and must be quashed with a retrial ordered.