21 May 2019
香港特別行政區 訴 陳志德
- Citation
- [2019] HKCA 524
- Court
- Court of Appeal
- Case number
- CACC96/2017
The trial judge materially misdirected the jury on the legal significance of flight and failed to give adequate and non-confusing directions about taking drugs out to exchange and about the effect of a 4-3 split; coupled with insufficiency of evidence to infer trafficking from possession of 8.67g in the street, the trafficking conviction was unsafe and was quashed and substituted with a conviction for possession, with a fine imposed; no retrial was ordered because evidence supporting trafficking was weak and the applicant had already served an equivalent lengthy period in custody.