19 Nov 1987
REFERENCE BY THE ATTORNEY GENERAL UNDER SECTION 81D OF THE CRIMINAL PROCEDURE ORDINANCE
- Citation
- REFERENCE BY THE ATTORNEY GENERAL UNDER SECTION 81D OF THE CRIMINAL PROCEDURE ORDINANCE
- Court
- Court of Appeal
- Case number
- CACC1/1987
The judge erred in treating evidence consistent with an uncharged conspiracy as making a valid indictment duplicitous and in quashing the count while directing not guilty verdicts; where an indictment is valid on its face the presence of evidence consistent with another conspiracy does not of itself render it duplicitous and, if the judge quashes an indictment he must discharge the jury (not direct not guilty verdicts); if the judge rules no case to answer he should direct the jury to return not guilty and formally acquit. The duty to seek amendments lies with the prosecution; judges are not…