29 Mar 2006
HKSAR v. WONG CHI WAN
- Citation
- HKSAR v. WONG CHI WAN
- Court
- Court of Appeal
- Case number
- CACC156/2005
The Court held that the trial judge materially misdirected the jury by telling them the applicant's mixed statement on arrest was 'just the defendant's reaction' and not evidence of truth; combined with inadequate summation of the defence case (failure to present the defence theory and evidence undermining the complainant's credibility), the misdirection could not be cured on the record and the proviso in s.83 CPO could not be safely applied. Consequently the conviction and sentence were quashed and a retrial ordered.