31 Jan 2005
HKSAR v. TANG KIN KWONG
- Citation
- HKSAR v. TANG KIN KWONG
- Court
- Court of Appeal
- Case number
- CACC488/2002
The trial judge properly exercised his narrowly circumscribed discretion to call psychiatric evidence on diminished responsibility in exceptional circumstances involving an unrepresented accused where psychiatric evidence overwhelmingly supported the defence; however the jury's verdict of murder was unsafe because the summing up could have led the jury to believe that knowledge of one's actions negated diminished responsibility, and therefore the murder conviction was quashed and substituted with manslaughter on the basis of diminished responsibility.