CHAN HO SANG and Another v. R.

CHAN HO SANG and Another v. R.

The Court upheld the trial judge's findings that the first applicant possessed the specific intent to rob despite claimed self-induced intoxication and that the judge's questioning did not compromise impartiality; the judge properly rejected the unsolicited expert opinion which lacked examination of the accused; the second applicant's written statement was voluntary and sufficiently reliable to support conviction; accordingly both applications for leave to appeal were dismissed and convictions and sentences affirmed.

Citation
CHAN HO SANG and Another v. R.
Parties
Respondent/prosecution: The Queen; Applicant/first Defendant at Trial: Chan Ho-sang; Applicant/fourth Defendant at Trial: Poon Chi-hung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 February 1994
Case Number
CACC147/1993
Procedural Posture
Criminal Appeal / Court of Appeal Hearing; Application for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal dismissed; convictions and sentences affirmed
Legal Topics
Robbery, Self Induced Intoxication, Voluntariness of Confession, Expert Evidence, Judicial Questioning
Source Language
EN
Criminal Law Evidence Juvenile Justice Appellate Review Robbery Self Induced Intoxication Voluntariness of Confession Expert Evidence +1 more

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Parties

The Queen

Respondent/prosecution

Chan Ho-sang

Applicant/first Defendant at Trial

Poon Chi-hung

Applicant/fourth Defendant at Trial

Procedural Posture

Criminal Appeal / Court of Appeal Hearing; Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether self-induced intoxication negated the specific intent required for robbery
  2. 2 Whether the trial judge's extensive questioning amounted to loss of impartiality
  3. 3 Whether expert evidence from a doctor who did not examine the accused could establish intoxication

Ratio Decidendi

The Court upheld the trial judge's findings that the first applicant possessed the specific intent to rob despite claimed self-induced intoxication and that the judge's questioning did not compromise impartiality; the judge properly rejected the unsolicited expert opinion which lacked examination of the accused; the second applicant's written statement was voluntary and sufficiently reliable to support conviction; accordingly both applications for leave to appeal were dismissed and convictions and sentences affirmed.

Court Disposition

Applications for leave to appeal dismissed; convictions and sentences affirmed

Orders

  • Leave to appeal refused for Chan Ho-sang; conviction and sentence to training centre (sentenced 13 April 1993) affirmed
  • Application dismissed for Poon Chi-hung; conviction and sentence to training centre affirmed