Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Manslaughter by unlawful and dangerous act

  • 5 Dec 2017

    HKSAR v. LIU SUN KONG

    Citation
    HKSAR v. LIU SUN KONG
    Court
    Court of Appeal
    Case number
    CACC396/2015

    The trial judge’s failure to leave manslaughter by unlawful and dangerous act was material: on the evidence (viewed most favourably to the accused) and in light of the jury’s specific questions, a properly directed jury could have returned that alternative verdict; the omission rendered the conviction unsafe, so the conviction was quashed and a retrial ordered.

  • 25 Jul 2008

    HO HOI SHING v. HKSAR

    Citation
    HO HOI SHING v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC1/2008

    Where there was evidence which a reasonable jury could accept that undermined intent to kill or cause grievous bodily harm, the trial judge erred in withholding the manslaughter (unlawful and dangerous act) alternative; additionally the judge's further direction on provocation was unfair and unbalanced because it omitted reference to the deceased's conduct and overstressed the appellant's conduct, both errors rendered the conviction unsafe and required quashing and a retrial.