30 May 2025
HKSAR v. ENRIQUEZ ANNA MAE JUSTIMBASTE
- Citation
- [2025] HKCA 520
- Court
- Court of Appeal
- Case number
- CACC94/2022
Conviction quashed because the evidence against the appellant was essentially her mere presence and association with co-defendants, the trial judge failed to identify primary facts and to direct the jury that mere presence without more cannot sustain an inference of participation in a conspiracy, making the conviction unsafe; in the circumstances a retrial was not in the interests of justice.