Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accident as defence

Legal area

Court

10 Sept 2020

HKSAR v. SAN JUAN, NELSON ORO

Citation

[2020] HKCFI 2293
Court

Court of First Instance
Case number

HCMA49/2018

Magistrate materially misapprehended and mixed up key evidence; the video primarily showed reflections and did not establish deliberate targeting of the complainant beyond reasonable doubt; PW2's evidence was inconsistent and unreliable; prosecution failed to exclude accidental activation of the video; on rehearing the conviction was unsafe and therefore quashed.
30 Aug 2013

HKSAR v. ADVINCULA, JOMEL ZULUETA

Citation

HKSAR v. ADVINCULA, JOMEL ZULUETA
Court

Court of First Instance
Case number

HCMA147/2013

The conviction was quashed because the magistrate did not give adequate consideration to the possibility of accidental touching and relied on flawed or overstated inferences, rendering the conviction unsafe.
CHU YUEN TAT v. THE QUEEN

Citation

CHU YUEN TAT v. THE QUEEN
Court

Court of Appeal
Case number

CACC43/1971

The appeal is dismissed because the trial judge adequately put the appellant's defence (including accident) to the jury and properly directed the jury to consider the foresight/intention as applied to the appellant himself; any variation in wording about 'could' v 'would' was not sufficient to vitiate the conviction.