1 Jun 2021
香港特別行政區 訴 關保林
- Citation
- [2021] HKCA 776
- Court
- Court of Appeal
- Case number
- CACC77/2020
The Court allowed leave and allowed the appeal: although the psychiatric evidence did not positively establish insanity for the material time, the conviction was unsafe because the trial judge failed adequately to consider whether the appellant had the requisite intent to steal for attempted robbery and did not explain differences in treatment between the two counts; on the totality of the evidence there were real doubts as to intent and the appellant was entitled to benefit of those doubts, so the conviction and sentence for the second count were quashed.