Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alcohol dependence syndrome
  • 16 Mar 2023

    HKSAR v. LEE WAI MAN

    Citation
    [2023] HKCA 370
    Court
    Court of Appeal
    Case number
    CACC54/2021

    Given deliberate conduct amounting to borderline murderous intent (returning home twice, changing clothes, arming himself) and persistent alcohol dependence with high relapse risk and limited insight, the proper starting point was 16 years' imprisonment for manslaughter by reason of diminished responsibility; the appellant was not entitled to a full one‑third plea discount because he pleaded to manslaughter simpliciter, ran multiple defences at trial and did not comply with Lam Kai Man formality, and a 20% discount was appropriate, producing a sentence of 12 years and 9 months' imprisonment.