The Queen v. Yu Chai-see

CACC000166/1989

BETWEEN

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Coram: Hon. Yang, C.J., Hon. Silke, V.-P., & Hon. Power, J.A.

Date of Hearing: 5 October 1989

Date of Judgment: 5 Octoer 1989

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J U D G M E N T

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Hon. Yang, C.J.:

1. This is Yu Chai-see's application for leave to appeal against his conviction on one charge of possession of a dangerous drug for the purpose of unlawful trafficking and another charge of possession of apparatus fit and intended for injecting a dangerous drug.

2. On the day in question a party of police arrvied at the address o?the applicant and it was the evidence of a co-tenant of the applicant that the first party of police consisting of two people entered the applicant's flat, without the applicant, followed by another party of police consisting of three or five police officers, including the applicant who entered the applicant's flat. There was according to the evidence of PWI a time gap between the two visits of something like fifteen minutes though the witness was not entirely clear as to the exact length of time.

3. The evidence of the two prosecution witnesses PW2 and PW3, who were both police officers, denied the evidence of PWI. There is obviously a very important inconsistency in the evidence of PWI on the one hand and the evidence of PW2 and PW3 on the other hand.

4. Regretfully, the trial judge in his Reasons for Verdict did not state clearly that inconsistency in the evidence and, in consequence, failed to evaluate it. As we are of the view that this is a suitable case for a new trial we think it advisable in this judgment to say as little as possible.

5. In the circumstances, we grant the application, allow the appeal and quash the conviction and sentence.

6. We order a new trial.

Representation:

Mr. Andrew Allman-Brown (DLA) for Applicant

Mr. I.G. Cross and Mr. Robert Lee for Crown/Respondent