Hong Kong Case Law: Decisions & Judgments

Topic

Jury directions on intent

Legal area

Court

28 Jan 2014

HKSAR v. MA KWOK FAI

Citation

HKSAR v. MA KWOK FAI
Court

Court of Final Appeal
Case number

FACC1/2013

Where an assault is a single continuous attack comprising multiple blows, the jury must be directed to consider all the circumstances, including all blows, when inferring the defendant's intent; on the facts the trial judge's direction to consider the attack as a whole was proper, but subsequent admissible psychiatric evidence established diminished responsibility and justified substituting the murder verdict with manslaughter by reason of diminished responsibility and confirming a hospital order.
9 Oct 2012

HKSAR v. MA KWOK FAI

Citation

HKSAR v. MA KWOK FAI
Court

Court of Appeal
Case number

CACC404/2011

On the facts the trial judge should have directed the jury to consider the applicant's intent in relation to the punch separately from the subsequent kicks; the murder conviction was unsafe and was quashed and substituted with manslaughter; the case is fact‑sensitive and does not raise a point of law of great and general importance, so the application for certification under s.32(2) was refused.
12 Feb 2009

HKSAR v. SUEN WAI LEONG

Citation

HKSAR v. SUEN WAI LEONG
Court

Court of Appeal
Case number

CACC188/2007

The court held the grounds of appeal were without merit: trial counsel's conduct did not amount to incompetence depriving the applicant of a fair trial; the jury directions adequately covered the concept of 'using' a firearm and the requisite intent to resist lawful arrest; the police action could lawfully constitute an arrest by conduct without an explicit verbal declaration; the conviction was supported by the evidence and safe.
24 Dec 1998

HKSAR v. CHIM PUI CHUNG

Citation

HKSAR v. CHIM PUI CHUNG
Court

Court of Appeal
Case number

CACC402/1998

The Court refused to certify either point because (1) the prosecution provided sufficient particularity throughout the trial such that no general legal principle requiring a different practice was established and (2) the statutory mens rea in s71 is expressed in clear terms and did not require additional directions about 'contemplation'; thus no point of law of great and general importance arose from this decision.
9 Mar 1982

FUNG CHUN-WAI v. THE QUEEN

Citation

FUNG CHUN-WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC1117/1981

The judge's summing-up and directions were adequate: it was permissible to leave to the jury the question of the accused's capacity to form the necessary intent provided the judge made clear that the ultimate question was whether the accused actually formed that intent; there was no miscarriage of justice and the appeal was dismissed.

Hong Kong Case Law

HKSAR v. MA KWOK FAI

HKSAR v. MA KWOK FAI

HKSAR v. SUEN WAI LEONG

HKSAR v. CHIM PUI CHUNG

FUNG CHUN-WAI v. THE QUEEN