CHIU CHI MING v. THE QUEEN

CACC001087/1980

 

IN THE SUPREME COURT
	Criminal Appeal
	1980 No. 1087

 

BETWEEN
	CHIU CHI MING	Appellant
	and
	THE QUEEN	Respondent

Coram: Barker, J. in Court

Date of Judgment: 29th January, 1981.

 

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JUDGMENT

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1. Chiu Chi-ming you were convicted on two accounts of obtaining property by deception and you were sentenced to two years imprisonment on each charge concurrently. The magistrate who tried you initially was satisfied beyond any reasonable doubt that the evidence given by the witnesses for the prosecution was true. However, the magistrate reviewed the evidence and himself expressed a number of doubts arising from the evidence by the convictions might not be sustainable. Mr. Alderdice, who appears for the Crown, has very properly said that if the magistrate now has doubts about the matter he could not seek to support these convictions and having read the papers, with that view I entirely agree. The only question which has exercised my mind is whether in those circumstances I ought to order a retrial or to quash your convictions. In view of the fact that no fresh evidence is available and therefore the evidence would be given by the same witnesses I am of the view that it would not be proper to order a retrial and I accordingly quash both convictions and allow the appeal.

 

Representation:

Sujanani (D.L.A.) for Appellant

Alderdice for Crown/Respondent