25 Jul 2003
HKSAR v. WONG WAI MAN AND OTHERS
- Citation
- HKSAR v. WONG WAI MAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC459/2001
The judge materially misdirected the jury by stating that any evidence of the accused or defence witnesses which the jury were not 'sure' was true must be disregarded for all purposes; proper direction requires that the jury may take into account defence evidence that is believed or may be true when assessing whether the prosecution has proved the case beyond reasonable doubt. The misdirection was material given the jury's expressed confusion and the 5-2 verdicts, and accordingly the convictions of the 1st and 2nd Applicants are quashed.