Read the full judgment text of CACC 000313/2000 on BabelCite. This Court of Appeal judgment was delivered on 2 February 2001 before Stuart-Moore V-P, Stock JA, Cheung J.
Criminal law – conspiracy to defraud – Social Welfare Department – Traffic Accident Victims Assistance Scheme (TAVAS) – deliberate motor vehicle crash – accomplice witnesses testifying under immunity – cautioned statements – mixed statements versus wholly exculpatory statements – whether trial judge erred in categorising cautioned statements as wholly exculpatory when they contained admissions going to central issues – held: statements ought to have been treated as mixed statements; failure to do so constituted a material irregularity – application of proviso under s.83 of the Criminal Procedure Ordinance (Cap 221) – admitted facts under s.65 of Cap 221 – whether misdirection warranted quashing of convictions – held: proviso applied; no miscarriage of justice – appeal against conviction dismissed.
Legal issues: Categorisation of cautioned statements as mixed or wholly exculpatory · Application of the proviso under s.83 Criminal Procedure Ordinance
Outcome: Leave to appeal against conviction granted to both applicants; appeals against conviction dismissed by application of the proviso under s.83 of the Criminal Procedure Ordinance.
Cited by 5 cases