9 Mar 1984
THE QUEEN v. KONG CHEUK KWAN
- Citation
- THE QUEEN v. KONG CHEUK KWAN
- Court
- Court of Appeal
- Case number
- CACC455/1983
Although the trial judge's directions contained inaccuracies and did not replicate Lord Diplock's Lawrence model verbatim, when read in their entirety they sufficiently directed the jury to the high degree of negligence required for manslaughter; there was sufficient evidence, particularly in the final 'circle of danger', to go to the jury; the Court will not require literal adoption of the Lawrence model in every negligence-manslaughter case and the judge retains discretion to withdraw cases lacking evidence of criminal negligence; accordingly the appeal is dismissed and the conviction stand…