LEUNG BING YIU v. THE QUEEN
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CACC000505/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 505 OF 1975
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| BETWEEN | ||
| LEUNG BING YIU | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Mr. Commissioner O'Connor
Date of Judgment: 3 July 1975
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JUDGMENT
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1. The appellant and another man were jointly charged, tried and convicted on a charge of robbery. They were unrepresented. Each defendant gave evidence but the record does not disclose that either defendant was given an opportunity to cross-examine the other. Nor does the record disclose that in respect of any witness in the case was an opportunity given to re-examine
2. From the detail in which some matters were recorded by the magistrate it would be a fair conclusion that if the opportunity had been given it would have been recorded. It is important that the record should show that opportunities were given to cross-examine and re-examine and this is of particular importance where the defendants are unrepresented.
3. Appeal allowed, conviction and sentence set aside. In view of the sentence imposed and the length of time spent in custody I do not order retrial.
| (R. O'Connor) | |
| Commissioner of Supreme Court. |
Representation:
Appellant in person.
J.W. Dick for respondent.