Read the full judgment text of FACC 14/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 22 March 2011 before Bokhary PJ, Chan PJ, Ribeiro PJ, Mortimer NPJ, Mason NPJ.
Criminal law – theft – appeal – procedural irregularity – failure to put case in cross-examination – reversal of burden of proof – substantial and grave injustice – conviction quashed – costs awarded – The appellant was convicted of stealing $1,600 from a taxi driver – Discrepancy between notes claimed stolen and notes found – Appeal judge considered possibility of transfer of notes between appellant and colleague without it being put to colleague in cross-examination – Appeal judge’s reasoning reversed burden of proof – Court of Final Appeal allowed appeal under Mok Kin Kau procedure – Conviction quashed, fine and compensation order set aside – Costs awarded to appellant.
Legal issues: Consideration of unput allegation against co-accused · Reversal of burden of proof
Outcome: Appeal allowed; conviction quashed; fine and compensation order set aside.
Cited by 1 case