Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Criminal intent

  • 28 Jan 2021

    香港特別行政區 訴 黃明偉

    Citation
    [2021] HKCFI 170
    Court
    Court of First Instance
    Case number
    HCMA223/2020

    The recordings objectively corroborated PW1 that the appellant struck PW1 three times while PW1's hands were cuffed behind his back; the appellant's account was inconsistent with the recordings and environment evidence and therefore rejected; given those facts the prosecution proved the elements of common assault beyond reasonable doubt and the claimed belief in necessity of force was neither factually supported nor reasonable, so the conviction was upheld.

  • 12 Apr 2006

    HKSAR v. LAU SIWEI

    Citation
    HKSAR v. LAU SIWEI
    Court
    Court of First Instance
    Case number
    HCMA1190/2005

    The appellate court upheld the magistrate's credibility findings and expert psychiatric evidence that the appellant was malingering and aware of her actions; accordingly the appellant had the requisite intent for theft and the convictions and concurrent 12‑month sentences were affirmed.