HKSAR v. LEE TO NEI AND ANOTHER

HKSAR v. LEE TO NEI AND ANOTHER

The Magistrate erred by treating mixed offences as entirely strict liability and failing to make findings on the appellants' knowledge for elements requiring mens rea; as a result the convictions could not stand and were quashed with sentences set aside.

Citation
HKSAR v. LEE TO NEI AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: LEE TO NEI; 2nd Appellant: LEE CHUN WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 1998
Case Number
HCMA595/1998
Procedural Posture
Magistracy Appeal (high Court Appellate Jurisdiction) / Appeal Against Conviction and Sentence; Judgment on Appeal
Outcome
Appeal allowed; convictions quashed and sentences set aside.
Legal Topics
Strict Liability, Mens Rea, Possession, Pharmacy and Poisons Regulation, Mixed Offences, Appeal Against Conviction
Source Language
EN
Criminal Law Statutory Interpretation Regulatory Offences Strict Liability Mens Rea Possession Pharmacy and Poisons Regulation Mixed Offences +1 more

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Parties

HKSAR

Respondent

LEE TO NEI

1st Appellant

LEE CHUN WING

2nd Appellant

Procedural Posture

Magistracy Appeal (high Court Appellate Jurisdiction) / Appeal Against Conviction and Sentence; Judgment on Appeal

Legal Issues

  1. 1 Whether the offences under the Pharmacy and Poisons Regulation are strict liability or require proof of mens rea for certain elements
  2. 2 Whether the Magistrate erred by failing to make findings as to the appellants' knowledge
  3. 3 Whether the convictions and sentences should be quashed and set aside

Ratio Decidendi

The Magistrate erred by treating mixed offences as entirely strict liability and failing to make findings on the appellants' knowledge for elements requiring mens rea; as a result the convictions could not stand and were quashed with sentences set aside.

Court Disposition

Appeal allowed; convictions quashed and sentences set aside.

Orders

  • Appeal against conviction allowed
  • Convictions quashed