Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mens rea for accessorial liability
  • 5 Jun 2020

    HKSAR v. CHUNG YIU LAM

    Citation
    [2020] HKCA 435
    Court
    Court of Appeal
    Case number
    CACC252/2018

    Leave to appeal was granted limited to the second ground because it was reasonably arguable that the judge erred by (a) directing the jury on accessorial liability using an oblique-intent formulation of mens rea rather than a requirement to intend to assist, (b) treating intended future acts as the actus reus of assistance when accessorial liability requires an act already done that assisted the principal offence, and (c) adopting the alternative direction without notifying counsel thereby depriving them of an opportunity to address the jury on that basis, rendering the point reasonably argua…