Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mistaken belief/recklessness

Legal area

Court

28 Jun 1996

THE QUEEN v. CHOW SIU-HEI AND ANOTHER

Citation

THE QUEEN v. CHOW SIU-HEI AND ANOTHER
Court

Court of Appeal
Case number

CACC692/1995

The Court held the trial judge's directions were adequate: corroborative evidence in the record applied only to D2 and not to D1; there was no material deficiency in directions on belief/recklessness given the factual conflict; the cautioned statements and other evidence justified the convictions; and the five-year sentence for D1 was within the permissible range and would not be disturbed.
6 Sept 1979

TANG WAI-TONG AND ANOTHER v. THE QUEEN

Citation

TANG WAI-TONG AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC144/1979

First appellant: jury directions were legally adequate and aggregate considerations did not produce a substantial lingering doubt, so leave refused and conviction upheld. Second appellant: although identification evidence was sufficient to go to the jury, the addition of credible defence evidence (deposition of Ho and defence testimony) created a real danger of injustice; appellate court granted leave and quashed the conviction under the 'lurking doubt'/'unsafe and unsatisfactory' principle.