16 Aug 1977
CHENG CHUNG KAN v. THE QUEEN
- Citation
- CHENG CHUNG KAN v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC253/1977
The trial judge materially misdirected the jury by treating the whole flat as the 'premises' for the purpose of the presumption in s.45; the presumption must be confined to the self-contained part where the incriminating equipment was found (the locked room) and therefore the conviction could not stand. The appeal was allowed on that ground; the Crown had not shown that the jury would inevitably have convicted on other evidence outside the locked room.