Fong v Attorney-General

Pok Victor Fong appeals against the decision of the High Court to set aside the discharge of him by the trial Judge under s 347 of the Crimes Act 1961. The High Court held that the trial Judge had erred in making the order and remitted Mr Fong on bail for sentence. Mr Fong had been found guilty of rape by a jury. The trial Judge had discharged him under s 347 after the jury had returned a guilty verdict. The trial Judge concluded that there was insufficient evidence to support the verdict. The High Court disagreed, holding that the trial Judge had not properly exercised his discretion. This Court allows the appeal, setting aside the High Court decision and reinstating the order discharging Mr Fong. The Court finds that the process has failed due to the trial Judge’s error in making the s 347 order post-verdict and the subsequent delay in resolving the appeal. The combination of these factors, with the weakness of the Crown case, leads the Court to bring the process against Mr Fong to a close.