HKSAR v. Chau Yui Ming (周銳銘)
Read the full judgment text of FACC 2/2019 on BabelCite. This Court of Final Appeal judgment was delivered on 15 November 2019 before Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Cheung PJ and Lord Neuberger of Abbotsbury NPJ.
Criminal law – trafficking in dangerous drugs – single count on indictment charging possession of drugs found in two different places (sling bag and black bag) – whether trial judge had duty to amend indictment to split single count into separate counts – whether all or nothing direction to jury was appropriate – duty of trial judge to direct on alternative verdicts – public interest in fair outcome – defendants should not be over-convicted or under-convicted – alternative verdicts must be obvious on the evidence – way defence case is run on facts is decisive – application of Coutts, Ho Hoi Shing and Von Starck limited to lesser offence alternatives – appeal dismissed.
Legal issues: Duty to amend indictment to split single trafficking count into separate counts · Propriety of all or nothing direction to jury
Outcome: Appeal dismissed.
Cited by 25 cases · Cites 3 cases
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FACC No. 2 of 2019 [2019] HKCFA 39 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 2 OF 2019 (CRIMINAL) (ON APPEAL FROM CACC NO. 441 OF 2015) ________________________
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________________________ J U D G M E N T ________________________ Chief Justice Ma: A. INTRODUCTION 1.The Appellant in this appeal was convicted[1] of trafficking in dangerous drugs contrary to ss 4(1)(a) and (3) of the Dangerous Drugs Ordinance[2] on an indictment containing a single count charging him with this offence. The particulars alleged that he had trafficked in 86.10 grammes of a crystalline solid containing 85.70 grammes of methamphetamine hydrochloride (ice) and 2.88 grammes of a powder containing 2.08 grammes of ketamine. These drugs were found in two different places but the drugs were included in a single count. One of the principal issues therefore was whether the Appellant was in possession of the drugs found in each of the two different places. At trial, the judge summed up to the jury on this issue on an all or nothing basis meaning that in order to convict, they had to be satisfied that the Appellant was in possession of the drugs found in both locations; it was not enough that they were satisfied that he was in possession of drugs in only one of the places. The jury convicted the Appellant. The Appellant sought leave to appeal to the Court of Appeal[3] on the ground[4] that the trial judge ought on his own initiative to have ordered the indictment to be amended so as to divide up the single charge into two or even three separate charges, thereby enabling the jury to decide on these separate charges and if appropriate to arrive at different verdicts in relation to them. It was said the judge erred in leaving the matter to the jury on an all or nothing basis. The Court of Appeal, by a majority,[5] refused leave to appeal but certified two questions[6] for this court based on the Appellant’s contentions. On 21 March 2019, the Appeal Committee[7] granted leave on the two questions and also on the basis that it was reasonably arguable that the judge’s directions to the jury resulted in substantial and grave injustice. 2.The two questions for which leave to appeal was granted were:-
3.In the context of the facts of the present case, the issue arising from these questions, and this is also the issue under the substantial and grave injustice ground, is whether there was a duty on the trial judge to have required the single count of trafficking in dangerous drugs to be amended so as to enable the jury to decide on different charges instead of only a single charge, it being said that there was evidence to support different factual scenarios and notwithstanding that this was not the course submitted by either the prosecution or the defence. This issue raises broader questions as to the approach which should be adopted in relation to alternative verdicts. It is first convenient to deal with the facts of the case in more detail. B. FACTS AND THE TRIAL 4.The indictment charged as follows:-
5.The prosecution case was simple. On 17 March 2015, when the Appellant was leaving the premises stated in the indictment, he was intercepted by a police officer. The Appellant tried to go back into the premises and, after a struggle with three police officers, he was subdued. The Appellant had a sling bag across his chest, in which were found two packets suspected to contain dangerous drugs. Upon being arrested and cautioned, he said that the drugs were for his own consumption and were also to be given to his friends. The two packets were later confirmed to contain 22.60 grammes of ice. Also found in the sling bag was cash in the amount of $29,440 and on him were also found keys to the premises. Inside the bedroom of the premises was found on a bedside table a black bag in which there were ten packets containing 63.10 grammes of ice and one packet containing 2.08 grammes of ketamine. Electronic scales and an ice pot were also on this table. A woman, known as Wai Wai, was present in the bedroom when these drugs were found. Upon being further cautioned, the Appellant said that the ice in the black bag belonged to him and had nothing to do with his girlfriend (presumably he was referring to Wai Wai). Later, at Cheung Sha Wan Police Station, the Appellant essentially confirmed the verbal admissions he had earlier made in the flat. 6.The defence case (the Appellant gave evidence) was that he was not in possession of any of the drugs found in the sling bag and black bag, and that the whole case against him was fabricated. He was merely visiting Wai Wai that day, being one of her regular customers (she was apparently a prostitute), when the police entered the premises and accused him of being in possession of the drugs. As for the admissions allegedly made by him, they were extracted by force. The video recorded interviews he gave at the police station were also made involuntarily. 7.In the conduct of the case and treatment of the evidence, neither prosecuting counsel nor defence counsel sought to distinguish between the Appellant’s possession of the two lots of drugs which the prosecution alleged were contained in the sling bag and black bag. Specifically, it was no part of the defence case that the Appellant was in possession of the sling bag only but not the black bag. Nor was it a part of his case either as far as the ketamine was concerned that he was in possession of that drug for self‑consumption only. His principal case on the facts was that the whole prosecution case was a fabrication and that he had nothing to do with any of the drugs mentioned in the indictment. He also denied that he had keys to the flat. He admitted that money was found in his possession but said that these were the result of winnings from football betting. 8.After the evidence in the trial had closed, but before final submissions, prosecuting counsel[8] raised for the first time before the judge (but in the absence of the jury) the possibility that the Appellant might have been in possession of only the drugs found in the sling bag but not those in the black bag. Counsel indicated to the judge that even if this were so, the jury could still convict on the basis that they needed only to be satisfied that he was in possession and control of the drugs in one of the bags; in other words, that it was not necessary for a conviction that the jury had to be satisfied he was in possession and control of the drugs in both bags. This elicited an immediate response from defence counsel who indicated that this position was “directly contrary to what my submissions are going to be to the jury”. 9.Prosecuting counsel then addressed the jury along the lines that he had indicated to the judge and said:-
10.When defence counsel addressed the jury, it was made clear that the case was an all or nothing one meaning that the jury could only convict if the prosecution proved that the Appellant was in possession and control of the drugs found in both the sling bag and the black bag. Counsel said this:-
11.In the course of his submissions to the jury, defence counsel postulated a number of possible factual scenarios in order to cast doubt on the prosecution case that the Appellant was in possession and control of the drugs found in both bags. Counsel said “there are lots of scenarios, different scenarios in this case that indicate the defendant may not be as guilty as you perhaps thought he should be … would be, according to the prosecution case”. In his dissenting judgment in the Court of Appeal, McWalters JA set out the scenarios that defence counsel put to the jury:-
It is significant to remember in relation to these scenarios that it was no part of the Appellant’s case that he was only in possession of one of the bags; his case was that he had nothing to do with any of the drugs. Nor was it of course the prosecution case that he was in possession of only some of the drugs. Both sides conducted the case on an all or nothing basis. 12.Before summing up to the jury, the judge indicated to counsel that he had read some authorities and although he disagreed with defence counsel,[10] he thought the “safest course of action given the state of the evidence and the way the prosecution has chosen to bring this case, [was] that this is pretty much an all or nothing case.” He continued:-
I would add that this was entirely consistent with the way the defence was conducted as well. 13.The above intended summing‑up having been indicated to counsel, neither counsel objected or made any comments. The judge directed the jury in the following terms:-
14.The jury convicted the Appellant of the offence charged by a majority of 6 to 1. He appealed to the Court of Appeal which, as stated earlier, refused leave to appeal by a majority of 2 to 1. However, in view of the dissenting judgment and also the fact that, as the Vice President of the Court of Appeal put it,[11] the circumstances of the case were by no means unique (an accused is arrested allegedly in possession of drugs drawn from a larger stack of drugs subsequently found in premises controlled by him), the two questions earlier set out were certified. C. THE JUDGMENT OF THE COURT OF APPEAL 15.As mentioned earlier, a number of grounds of appeal were argued before the Court of Appeal but we are concerned only with what were argued as Grounds 3 and 4 in the application for leave to appeal. In relation to these grounds, it was contended that it was wrong for the judge to have directed on an all or nothing basis, there being evidence to suggest to the jury that at least the drugs in the black bag belonged not to him, but to Wai Wai. Accordingly, the judge ought to have required the prosecution to amend the indictment by splitting it so as to raise a different count in relation to the drugs found in the sling bag. This then would have enabled the judge to direct the jury to return a verdict, if they thought fit, confined to the sling bag. It was also argued that a separate charge ought to have been directed in relation to the ketamine found in the black bag. This was said to be such a small amount that a charge of simple possession ought to have been left to the jury to decide. 16.Separate judgments were given by the Court of Appeal. Macrae VP was of the overall view that the Appellant had received a fair direction. It was no part of a judge’s duty, he said, to “canvass all permutations of fact in his summing‑up, including those not even put forward by the defendant in evidence.”[12] The Vice President noted the defence case being that the Appellant was not in possession of any of the drugs. As he put it:-
Later in his judgment, Macrae VP emphasised the need always to remember that defence counsel had the conduct of the defence at trial.[13] 17.As for the ketamine part, Macrae VP again referred to the fact that the defence approach was that the Appellant had nothing to do with the drugs, including the ketamine. He saw no reason to remove the ketamine part into a separate count when there was no evidence to suggest a case of simple possession, this forming of course no part of either the defence or the prosecution case.[14] 18.Pang JA who arrived at the same conclusion as the Vice President, emphasised the fact that the Appellant got exactly the summing‑up that he had sought from the judge and the direction was one that was “entirely favourable to the defence”.[15] 19.McWalters JA arrived at the opposite view. He placed reliance on the decision of this Court in Ho Hoi Shing v HKSAR.[16] The material part of his judgment is as follows:-
Curiously, it is to be noted that Ho Hoi Shing was neither relied on nor addressed by either party in the appeal.[17] 20.Applying the principles as he understood them, McWalters JA was of the view that there was sufficient evidence for an alternative verdict in relation to the sling bag to have been placed before the jury. The indictment should accordingly have been amended. 21.The Appellant supports the view taken by McWalters JA and it is to his submissions before us I now turn. D. THE PARTIES’ SUBMISSIONS 22.Although the Appellant’s written Case dealt at some length with duplicity (both patent and latent), it became clear from leading counsel’s[18] submissions that the Appellant’s principal proposition was this:- that the judge in a criminal trial is under a duty to place before the jury “all possible alternatives which are open to it on the evidence, that is where there is evidence upon which a reasonable jury might return a verdict on that alternative”. This duty is incumbent on a judge even if such alternatives are not raised by the parties or even if they are inconsistent with the defence run by the defence. Reliance was placed on Ho Hoi Shing at paras 12 to 13 where Chan PJ said:-
23.It was submitted that the meaning of “possible alternatives” was, according to the way the first of the certified questions was drafted, “all possible defence scenarios in trial (i.e. primary and secondary defence strategy).” This followed the way McWalters JA put it in those parts of his judgment set out above.[21] 24.By failing to require the prosecution to amend the indictment, the judge could not therefore direct the jury on the possible defence scenarios said to arise on the evidence. These included the Appellant having been in possession and control of only the sling bag but not the black bag; and as far as the ketamine was concerned, this ought to have been made the subject of a separate charge of mere possession. 25.Accordingly, by reason of the jury having been deprived of the opportunity to consider verdicts based on the possible defence scenarios, the Appellant was deprived of a fair trial. This was notwithstanding that the judge summed up on the all or nothing basis that defence counsel had insisted on. There was, it was so submitted, a real danger of the jury having over‑convicted the Appellant. Reliance was placed on the following part of Chan PJ’s judgment in Ho Hoi Shing:-
26.The Respondent’s position was that the all or nothing direction to the jury was generous and entirely favourable to the Appellant. In any event, there was no need to provide the jury with alternatives because there was simply no evidential basis to support such. As for the scenario that the Appellant was in possession of the sling bag alone but not the black bag, this was never a part of the Appellant’s case nor did the evidence suggest such a scenario. In relation to the ketamine, there was again no evidence whatsoever to support the scenario that the Appellant possessed this for his own consumption. E. ANALYSIS OF THE LAW 27.There are a number of important connected features of a criminal trial that ought to be reiterated in the present case. First, most important of all, is the public interest in ensuring a fair trial and the primary responsibility for this rests on the trial judge. Fairness applies to both the defence and the prosecution. Secondly, the defence must be free to conduct its defence as it sees fit in the way the evidence is treated and the way the defence is presented to the court, provided this is done reasonably and properly. Thirdly, the prosecution must also similarly be free to conduct the prosecution as it sees fit. All this is of course subject to professional obligations and the overriding duties owed to the court and the administration of justice. 28.We are in this case particularly concerned with that aspect of fairness being the public interest in the fair outcome of a trial. This was set out in clear terms by Lord Bingham of Cornhill in R v Coutts.[22] I have already set out an extract contained in the judgment of Chan PJ in Ho Hoi Shing[23] but it is useful to set out the whole of that part of Lord Bingham’s speech:-
29.It is clear from this general statement of principle, much relied on by the Appellant in the present case, that Lord Bingham was referring to the context of alternative verdicts in relation to lesser offences. I will in due course return to this aspect. For the time being, one of the important questions that arises is to ask in what circumstances would it be incumbent on a judge (in a trial by jury) to direct the jury as to the alternative options open to it? 30.As set out above, it was the contention of the Appellant in the present case that all possible alternatives which are open on the evidence or all possible scenarios submitted by the defence in the trial should be placed before the jury, and in order to enable a jury to be so directed, a judge may have to order the indictment to be amended. This, it will be recalled, was essentially the view taken by McWalters JA, referring to “secondary” defence strategies. The only limitation, it was submitted, was that there must be some evidence in support of such possibilities that was not “incredible or tenuous or uncertain”.[24] 31.In my view, some care needs to be exercised when defining the obligation to direct alternative verdicts. It is unhelpful, not to say confusing, for a judge to have to direct a jury to alternative options based on vague expressions such as “possible alternatives”, “possible scenarios”, “alternative defence scenarios” or “secondary defence scenarios”. This was the type of expression used by McWalters JA in the passages set out above.[25] Apart from being imprecise and uncertain, it can give rise to considerable practical difficulties in application because it can lead to a real potential for confusion on the part of the jury. Where, for instance, the defence’s evidence and approach to the evidence is contrary to such alternative or possible or secondary factual scenarios, it would be confusing and wrong for a judge to have to direct a jury on those alternative factual scenarios. Were it otherwise, this would invite ingenious attempts to identify alternative scenarios, particularly after trial, in order to impugn a summing‑up, these allegations bearing little or no resemblance to what was the reality at trial. In the passage from the judgment of McWalters JA, he refers to the Appellant’s “primary defence” and “secondary defence”. This was, with respect, confusing. There was no alternative defence run by the Appellant: the only defence he ran was that he had nothing to do with drugs and that he was framed. The other scenarios referred to by defence counsel in his final submissions and by McWalters JA were not alternative defences at all but were mere speculations. 32.The answer to the question in what circumstances it would be incumbent on a judge to direct a jury as to the alternative options open to it is, I believe, to ask further whether there is an obvious alternative verdict which is supported by the evidence of that alternative. The requirement of an obvious alternative supported by evidence was discussed by Lord Bingham in the following passage in Coutts:-
Lord Rodger of Earlsferry referred to a “viable” alternative verdict.[26] 33.The reference to alternative verdicts obviously raised by the evidence is instructive. In the main cases relied on by the Appellant in the present appeal, the alternative verdict (although not raised in the way the defence was run as a matter of law) was nevertheless a clear and obvious alternative on the evidence. Further, all these cases involved the alternative offence being lesser offences to the one charged:-
34.What is the position when the alternative scenario relied on is contrary to the way the defence has conducted or presented its case on the facts? In the passage from Ho Hoi Shing quoted above,[31] Chan PJ referred to a judge not being absolved of the duty to direct on an alternative verdict “even if a particular alternative is not raised by the parties or is inconsistent with the defence run by counsel for the accused”. However, it is relevant to read the extract from the judgment of Lord Clyde in Von Starck which follows immediately after. This passage refers to conclusions open to the jury “on the evidence which has been presented in the trial whether or not they have all been canvassed by either of the parties in their submissions”. (emphasis added) 35.The way that the defence case is run on the facts is obviously relevant in determining whether there is sufficient evidence in support of an obvious alternative verdict. If a factual alternative does not arise in the way the defence has dealt with the facts and presented the case on the evidence (as opposed to the legal approach) this will in most cases be decisive. In R v Fairbanks,[32] another lesser offence case, the question was whether a jury ought to have been directed on the alternative lesser charge of careless driving, the main charge being dangerous driving causing death. The English Court of Appeal held that the lesser alternative charge ought to have been put to the jury given the evidence and the way the evidence was approached by the defence. Mustill LJ, who gave the judgment of the court, however, said this:-[33]
36.The quoted passage assists in determining whether an obvious alternative verdict ought to be placed before the jury in emphasising the need to look at the way the case on the facts has been run. It is to be noted that a part of this passage was referred to by Lord Bingham in Coutts.[34] The decision in Fairbanks was approved by the House of Lords in R v Maxwell,[35] and although Maxwell was said to be not “unproblematical” in Coutts,[36] the problem did not lie with the passage just quoted from Fairbanks. 37.The trial judge has a discretion in deciding on the most appropriate course to take when faced with the possibility of an alternative verdict. Orders under s 23 of the Criminal Procedure Ordinance[37] involve a judicial discretion. If such a situation arises or may reasonably arise, it will be good practice for the judge to elicit the views of the parties. Such views may not necessarily be decisive but they are certainly relevant. Counsel of course have the duty to assist the court in putting forward any relevant considerations, particularly those relating to a fair trial, for the judge to consider. 38.Lastly, before returning to the facts, I should mention this. The application of the approach in cases like Coutts, Ho Hoi Shing and Von Starck seems only to have been in cases involving alternative verdicts in relation to lesser offences. I have earlier alluded to this.[38] We have not been shown any authority where the approach has been applied in relation not to an alternative lesser offence, but to a situation (as in the present case) where it is said an indictment should be split into different counts. 39.It is conceivable that the general principle that an accused should not be over‑convicted or under‑convicted may in some exceptional cases require a judge to direct on possible alternative verdicts where it is said an indictment should be amended to be split into different counts because the evidence may be said to support alternative factual scenarios. Both parties have assumed this principle to apply in the present case, as did the Court of Appeal. While I do not consider that any such principle has been established on the authorities, I am content to examine the circumstances of the present case on the hypothesis that such a rule exists. I note, however, that there may be other considerations that could conceivably be relevant in this situation on which we have not heard argument.[39] 40.I now return to the facts. F. APPLICATION TO THE FACTS 41.I have already set out the essence of the Appellant’s submissions in this appeal. In brief, it was submitted that the judge ought to have amended the indictment to split it into two, if not three, separate charges involving trafficking in the drugs found in the sling bag, trafficking in the drugs found in the black bag and mere possession of the ketamine. 42.The ketamine aspect can be quickly disposed of. Even though the amount of ketamine was small, it was found together with the other drugs in the black bag on a table on which there were also found electronic scales. There was no evidence whatsoever to indicate that the ketamine was for the Appellant’s own consumption, nor was this a part of his case on the facts. This was clearly not an alternative scenario that was obvious. 43.In relation to the possible splitting up of the indictment into the drugs found in the sling bag and the black bag, it was not the Appellant’s factual case that he was in possession of one of the bags but not the other. Although defence counsel submitted that the drugs in the black bag belonged to Wai Wai, this did not involve the Appellant accepting he was in possession and control of the sling bag. His position on the facts was simple: he was not in possession of any of the drugs specified in the indictment. However, it was prosecuting counsel who first raised the possibility of this alternative scenario both before the judge and then in his final submissions.[40] Given that this was not the factual position adopted by the defence, it may have been somewhat odd for the prosecution to make reference to this. Pang JA described this as “enigmatic”.[41] 44.The scenario that the Appellant was in possession of only the drugs in the sling bag was not an obvious alternative. Be that as it may, the reality was that the jury heard submissions on the alternative scenario that the Appellant may have been in possession of only one of the bags containing drugs. The judge, however, dealt with this alternative in clear terms. He told counsel that it would be very dangerous to put alternative scenarios to the jury when the case had been conducted by the prosecution on an all or nothing basis.[42] More important, he alerted the jury in his summing‑up that although it was not a live issue that the Appellant was in possession of only one of the bags, nevertheless if the jury thought that, he directed them to acquit.[43] Thus, the jury were directed on the specific factual situation that the Appellant now focuses on and he was given what was undoubtedly a favourable direction in the present case. 45.The Appellant’s complaint, based on the cases discussed above, was that the judge gave an all or nothing direction to the jury and accordingly there was a danger, given this limited choice, that they may have over‑convicted. There are three reasons why this complaint should be rejected. First, this was the very direction sought by the defence. Secondly, if there was any potential injustice to the Appellant arising from such a direction, it was incumbent on both prosecuting and defence counsel to have alerted the judge to this. No such indication was given. Thirdly, the judge made reference to the specific factual scenario of the Appellant being in possession of the drugs in the sling bag only but not the black bag, directing the jury that in this contingency, they had to acquit. G. CONCLUSION 46.For the above reasons, the appeal should be dismissed. The two questions in respect of which leave to appeal was given are not sufficiently precise to be capable of being answered Yes or No. Much depends on the circumstances of any given case. Mr Justice Ribeiro PJ: 47.I agree with the judgment of Chief Justice Ma. Mr Justice Fok PJ: 48.I agree with the judgment of Chief Justice Ma. Mr Justice Cheung PJ: 49.I agree with the judgment of Chief Justice Ma. Lord Neuberger of Abbotsbury NPJ: 50.I agree with the judgment of Chief Justice Ma. Chief Justice Ma: 51.The appeal is accordingly dismissed.
Mr Andrew Bruce SC and Mr Richard Donald, instructed by Cheung & Liu, assigned by the Director of Legal Aid, and Mr Adrian Lo, instructed by Cheung & Liu, on a pro bono basis, for the Appellant Mr David Leung SC, DDP, Ms Maggie Yang, DDPP and Mr Joe Hui, PP, of the Department of Justice, for the Respondent [1] By a jury before Deputy High Court Judge Lugar‑Mawson. [2] Cap 134. [3] Macrae VP, McWalters and Pang JJA. [4] A number of grounds of appeal were submitted, but we are only concerned with one aspect. [5] In a judgment dated 5 September 2018, McWalters JA dissenting (the CA judgment). [6] Under s 32(2) of the Hong Kong Court of Final Appeal Ordinance Cap 484. [7] Ma CJ, Fok and Cheung PJJ. [8] Not Mr David Leung SC, Ms Maggie Yang and Mr Joe Hui, who appeared before us in the appeal. [9] In fact, defence counsel in his closing submissions postulated two versions in this context: one was that he had just bought the drugs found in the sling bag from Wai Wai, the other that he had bought the drugs elsewhere and was taking them to Wai Wai when he was arrested. [10] It is not known what the judge had in mind but it was probably on the basis of some authorities to the effect that on a trafficking charge, the offence can be established even though only some of the drugs particularised in the indictment were proved to have been in the possession and control of the accused for that purpose. [11] In a judgment dated 11 January 2019. [12] CA judgment at para 19. [13] CA judgment at para 30. [14] CA judgment at para 21. [15] CA judgment at para 99. [16] (2008) 11 HKCFAR 354. [17] CA judgment at para 18. [18] Mr Andrew Bruce SC, with him Mr Richard Donald and Mr Adrian Lo (the written Case also included Mr Gerard McCoy SC). [19] [2000] 1 WLR 1270. [20] [2006] 1 WLR 2154. [21] See paras 11 and 19 above. [22] See fn 20 above. [23] Para 22 above. [24] Ho Hoi Shing at para 15. [25] See paras 11 and 19 above. [26] At paras 84, 85. [27] Meaning the defence submitted the accused should be guilty of murder or be acquitted completely, there being no middle course. [28] At para 36. [29] See fn 19 above. [30] Von Starck at 1273F-G. See also Coutts at paras 95 and 100. [31] Para 22 above. [32] [1986] 1 WLR 1202. [33] At 1205G to 1206B. [34] At para 16. [35] [1990] 1 WLR 401. [36] At para 19. [37] Cap 221, dealing with the amendment of indictments, separate trials and postponement of trials. [38] See para 29 above. [39] For example s 18 of the Criminal Procedure Ordinance dealing with the joinder of charges in the same indictment. [40] See paras 8 and 9 above. [41] CA judgment at para 97. [42] See para 12 above. [43] See para 13 above. |
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