27 Sept 2022
香港特別行政區 訴 關詠恩
- Citation
- [2022] HKCA 1424
- Court
- Court of Appeal
- Case number
- CACC166/2019
The trial judge erred by making determinative factual findings during the special issues procedure (accepting an oral confession and the physical source of the drugs) without properly addressing voluntariness and before the appellant gave full general evidence; those procedural errors, in the absence of overwhelming independent evidence to cure them, rendered the trial unfair and the conviction unsafe — the appeal is allowed and conviction and sentence are quashed.