Read the full judgment text of FACC 000002/2000 on BabelCite. This FACC judgment was delivered on 23 November 2000 before Bokhary PJ, Chan PJ, Ribeiro PJ, Sir Alan Huggins NPJ, Lord Millett NPJ.
Criminal law – wounding – non-disclosure of witness's criminal record – material irregularity – unsafe conviction – prosecution duty – credibility – appeal allowed – conviction quashed – costs awarded – Offences against the Person Ordinance s.19 – Magistrates Ordinance s.119(1)(d) and (e) – Paraskeva (1982) 76 Cr App R 162 – Reg v. Maguire [1992] 2 All ER 433 – R v. Hassan (1968) 52 Cr App R 291 – The appellant was convicted of unlawful and malicious wounding based on the victim's credibility. The prosecution failed to disclose the victim's two prior convictions. The High Court held this was a grave procedural error but not material. The Court of Final Appeal held the error was material because it could not be said the magistrate would undoubtedly have entered the same verdict. The conviction was unsafe and quashed. Costs awarded to the appellant.
Legal issues: Materiality of non-disclosure of witness's criminal record
Outcome: Appeal allowed; conviction quashed.
Cited by 4 cases