21 Nov 2023
HKSAR v. KHAW KIM SUN (許金山)
- Citation
- [2023] HKCFA 37
- Court
- Court of Final Appeal
- Case number
- FACC8/2023
The trial judge's directions treating the absence of the stopper as a basis to eliminate the daughter were erroneous because there was no evidential foundation to infer the stopper was missing at the time of the incident given the lapse of time and handling of the boot; that misdirection risked impermissible cumulative inferences and deprived the appellant of a fair trial. The proviso could not be applied because a hypothetical reasonable jury properly instructed would not inevitably convict; convictions quashed and retrial ordered.