24 Oct 2011
YIP TAK WING, MICHAEL v. HKSAR
- Citation
- YIP TAK WING, MICHAEL v. HKSAR
- Court
- Court of Appeal
- Case number
- CACC28/2011
By majority the Court held the conviction was safe: the trial judge properly evaluated the DNA expert evidence in the context of the total circumstantial matrix (observations of pursuit, collision and fleeing, recent possession indicia and absence of any evidence that anyone else wore the gloves) and the expert's admission of a theoretically 'relatively low' possibility that another person might have worn the gloves did not raise reasonable doubt; the judge could legitimately take into account the defendant's failure to give evidence when assessing the probative weight of the evidence, withou…