HKSAR v. TAM WING KUEN

HKSAR v. TAM WING KUEN

The Magistrate was entitled to conclude that the detailed, untested account given by the appellant to his psychiatrist undermined the defence of transient forgetfulness; expert opinion based largely on the appellant's untested assertions had limited weight; on the whole evidence the court was sure the appellant had...

Source-derived case information.

Citation
HKSAR v. TAM WING KUEN
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 2007
Case Number
HCMA185/2007
Procedural Posture
Criminal (theft) / Appeal Against Conviction
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Theft, Mens Rea, Expert Evidence, Brown V Dunn Rule, Appeal Against Conviction
Source Language
en
Criminal Law Evidence Medical/psychiatric Evidence Theft Mens Rea Expert Evidence Brown V Dunn Rule Appeal Against Conviction

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Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal (theft) / Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecution proved the requisite mens rea for theft
  2. 2 Whether the Magistrate erred in ruling there was a case to answer
  3. 3 Whether the inference of guilt was the only reasonable inference

Ratio Decidendi

The Magistrate was entitled to conclude that the detailed, untested account given by the appellant to his psychiatrist undermined the defence of transient forgetfulness; expert opinion based largely on the appellant's untested assertions had limited weight; on the whole evidence the court was sure the appellant had the requisite intention to steal, so the conviction is upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction for theft affirmed