HKSAR v. PUN GANGA CHANDRA AND OTHERS

HKSAR v. PUN GANGA CHANDRA AND OTHERS

The Bill of Rights and the Basic Law did not alter the established common law mens rea for murder; the common law specific intents (intention to kill, intention to cause really serious bodily harm, and the defined secondary party intent) remain lawful; mandatory life imprisonment covering a range of culpability is...

Source-derived case information.

Citation
HKSAR v. PUN GANGA CHANDRA AND OTHERS
Parties
Prosecution: HKSAR; 1st Accused: PUN GANGA CHANDRA; 2nd Accused: GURUNG SANTOSH; 3rd Accused: GURUNG RAJENDRA BIKRAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 1999
Case Number
HCCC259/1998
Procedural Posture
Criminal Murder / Ruling
Outcome
Application refused
Legal Topics
Mens Rea, Murder, Joint Enterprise, Mandated Life Sentence, Presumption of Innocence, Bill of Rights, Basic Law, Felony Murder
Source Language
en
Criminal Law Constitutional Law Human Rights Mens Rea Murder Joint Enterprise Mandated Life Sentence Presumption of Innocence +3 more

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Summary, issues, holding and outcome

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Parties

HKSAR

Prosecution

PUN GANGA CHANDRA

1st Accused

GURUNG SANTOSH

2nd Accused

GURUNG RAJENDRA BIKRAM

3rd Accused

Procedural Posture

Criminal Murder / Ruling

Legal Issues

  1. 1 Whether the Bill of Rights and Basic Law altered the common law mens rea for murder
  2. 2 Whether mandatory life imprisonment for murder where mens rea is lesser is arbitrary or unlawful under Article 5 of the Bill of Rights
  3. 3 Whether secondary party liability rules (joint enterprise) offend the presumption of innocence

Ratio Decidendi

The Bill of Rights and the Basic Law did not alter the established common law mens rea for murder; the common law specific intents (intention to kill, intention to cause really serious bodily harm, and the defined secondary party intent) remain lawful; mandatory life imprisonment covering a range of culpability is not arbitrary; application challenging the common law intent for murder is refused.

Court Disposition

Application refused

Orders

  • Application refused.