19 Dec 2003
HKSAR v. TSOI CHAK FAI
- Citation
- HKSAR v. TSOI CHAK FAI
- Court
- Court of Appeal
- Case number
- CACC405/2002
The trial judge's failure to warn the jury to disregard the speculative opinions of key witnesses was a material irregularity, but in view of the overwhelming circumstantial and direct evidence of the Applicant's knowing participation the irregularity did not occasion a miscarriage of justice; applying s83 CPO the conviction was upheld. On sentencing the court applied totality principles and reduced the aggregate term from ten to eight years by adjusting concurrency so that one count ran consecutively for two years to achieve an eight year total.