Read the full judgment text of FAMC 2/2007 on BabelCite. This FAMC judgment was delivered on 9 January 2007 before Stock JA, Yeung JA, Barma J.
Criminal law – appeal – certification of points of law – conspiracy to defraud – co-conspirator evidence – trial judge's findings – appellate review – Court of Final Appeal Ordinance s.32(2) – threshold for admission of acts and declarations – whether conspiracy to defraud prescribed by law – certificate granted on first point only – other points declined – prima facie evidence vs balance of probabilities – necessity of self-direction on dangers of co-conspirator evidence – assumption of elements absent express finding – proper construction of trial judge's findings
Legal issues: Certification of point 1 - whether conspiracy to defraud prescribed by law · Certification of point 2 - threshold for admission of acts and declarations of co-conspirators · Certification of point 3 - necessity for judge to direct himself on dangers of co-conspirator evidence · Certification of point 4 - whether appellate court may assume elements proved absent express finding · Certification of point 5 - whether appellate court shall have regard to trial judge's findings and consider merits by reference to proper construction
Outcome: Certificate granted on first proposed point of law; certifications declined on points 2 to 5.