香港特別行政區 訴 吳彥達

香港特別行政區 訴 吳彥達

Leave to appeal was granted on grounds 2–5 because the court found those grounds arguable: there was a real question whether the trial judge properly assessed and rejected the defence psychiatrists' conclusions, failed to take adequate account of the applicant's psychiatric history when evaluating mens rea for each...

Source-derived case information.

Citation
[2026] HKCA 58
Parties
Respondent: 香港特別行政區; Applicant: 吳彥達
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 January 2026
Case Number
CACC221/2024
Procedural Posture
Criminal Appeal — Application for Leave to Appeal Against Conviction / Hearing and Decision on Leave to Appeal
Outcome
Leave to appeal against conviction granted in part and refused in part
Legal Topics
Fraud, Handling Stolen Goods, Insanity Defence, Expert Psychiatric Evidence, Legal Professional Privilege, Leave to Appeal
Source Language
ch
Criminal Law Mental Health/insanity Defence Evidence Appeal Procedure Fraud Handling Stolen Goods Insanity Defence Expert Psychiatric Evidence +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

香港特別行政區

Respondent

吳彥達

Applicant

Procedural Posture

Criminal Appeal — Application for Leave to Appeal Against Conviction / Hearing and Decision on Leave to Appeal

  1. 1 Whether trial judge erred in admitting or relying on evidence of pre‑trial police investigation and prior convictions and breached legal professional privilege
  2. 2 Whether trial judge improperly assessed and discounted defence psychiatrists' expert evidence
  3. 3 Whether trial judge failed to properly consider psychiatric evidence to determine if insanity defence available

Ratio Decidendi

Leave to appeal was granted on grounds 2–5 because the court found those grounds arguable: there was a real question whether the trial judge properly assessed and rejected the defence psychiatrists' conclusions, failed to take adequate account of the applicant's psychiatric history when evaluating mens rea for each offence (per the Wang Minyi principle), and failed to make separate findings on participation and dishonest intent for each count; ground 1 was not arguable because privilege had been waived or was not properly before the court.

Court Disposition

Leave to appeal against conviction granted in part and refused in part

Orders

  • Leave to appeal against conviction granted on grounds 2, 3, 4 and 5
  • Leave to appeal against conviction refused on ground 1