Read the full judgment text of CACC 373/2018 on BabelCite. This Court of Appeal judgment was delivered on 11 February 2022 before Macrae VP, Zervos JA, Anthea Pang JA.
Criminal law – drug trafficking – dangerous drugs – cocaine – joint enterprise – appeal against conviction – whether trial judge erred in failing to direct jury on pre-trial right of silence under Specimen Direction 45 – Lee Fuk Ming v HKSAR – whether right of caution-silence can be used adversely against accused – Specimen Direction 44 directions given repeatedly – whether judge erred in not directing jury to disregard co-accused's guilty plea – whether accomplice warning required for co-accused who pleaded guilty and testified for prosecution – R v Makanjuola – Wong Chi King – whether flight direction required under Specimen Direction 43 – HKSAR v Mo Shiu Shing – HKSAR v Mutengu Johnson Mikaili – whether fresh evidence from acquitted co-accused admissible on appeal under s.83V Criminal Procedure Ordinance (Cap 221) – R v Lattimore – whether trial judge made material factual errors in summing-up on DNA evidence and witness evidence – DNA expert testimony – DNA on rubber band and edges of banknotes – absence of DNA on drug bag – summing-up as a whole – prosecution case based on accomplice evidence, surveillance and DNA – torture claimant with prior drug trafficking conviction – appeal dismissed
Legal issues: Failure to direct jury on pre-trial right of silence · Direction on co-accused's guilty plea in joint enterprise · Failure to give accomplice warning for D2 · Failure to give flight direction · Admissibility of fresh evidence from acquitted co-accused D3 on appeal · Alleged factual errors and DNA misdirections in summing-up
Outcome: Appeal against conviction dismissed on all grounds (1 to 4) and the renewed application for leave to appeal (Grounds 5 to 10) refused. The conviction and sentence of 24 years and 3 months' imprisonment stand.
Cited by 28 cases · Cites 3 cases