8 Mar 2006
HKSAR v. LEE TO YIM
- Citation
- HKSAR v. LEE TO YIM
- Court
- Court of First Instance
- Case number
- HCMA957/2005
The appeal was allowed and the conviction quashed because the magistrate improperly curtailed defence cross-examination of the prosecution's critical witness regarding his signed Shop Theft Statement pro forma, thereby depriving the defence of the opportunity to expose material inconsistencies on a matter central to credibility and sequence of events; that defect rendered the conviction unsafe. Other grounds were rejected as lacking merit and the trial judge was entitled to prefer PW1's evidence and to reject aspects of the psychiatric opinion.