Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial misdirection

  • 27 Apr 2001

    HKSAR v. AU YEUNG SUK YEE

    Citation
    HKSAR v. AU YEUNG SUK YEE
    Court
    Court of Appeal
    Case number
    CACC360/2000

    Conviction quashed because the judge's character direction was materially deficient — she failed to explain the probative relevance of absence of previous convictions to the applicant's credibility and improperly treated good character as mere background so the jury were not required to take it into account; the misdirection could not be cured by the proviso to s.83(1) CPO given credibility's centrality and therefore the conviction could not stand; no retrial was ordered and the applicant was discharged.

  • 10 Mar 1987

    THE QUEEN v. LEUNG TAK YIN

    Citation
    THE QUEEN v. LEUNG TAK YIN
    Court
    Court of Appeal
    Case number
    CACC10/1987

    The Court allowed leave to appeal and quashed conviction and sentence because the trial judge misdirected himself on the law of accomplice liability: sharing a general common purpose (to recover a loan) does not automatically render a non‑participating co‑defendant guilty of an indecent assault committed by another absent evidence that he intended to encourage or participated in the specific offending conduct.