17 Oct 1995
R. v. SO MAN
- Citation
- R. v. SO MAN
- Court
- Court of Appeal
- Case number
- CACC366/1993
Because counsel at mitigation asserted the applicant was unaware a gun was in the bag and the trial judge did not clarify whether that assertion was maintained, the essential element of knowledge was not properly established; given the applicant had served three years and the Crown did not seek a retrial, the appropriate remedy was to quash the conviction and order release.