Hong Kong Case Law: Decisions & Judgments

Topic

Proof of intent

Legal area

Court

11 Dec 2009

HKSAR v. CHAN DICK

Citation

HKSAR v. CHAN DICK
Court

Court of First Instance
Case number

HCMA92/2009

The conviction was unsafe and unsatisfactory because the magistrate, despite accepting the complainant as truthful, failed to confront and resolve an available innocent inference (that the conduct arose in the course of an attempted snatch) supported by the complainant's initial statements and the absence of an immediate complaint of indecent touching; accordingly the appeal is allowed and the conviction and sentence are quashed.
1 Jun 2006

HKSAR v. WONG TAI SHING

Citation

HKSAR v. WONG TAI SHING
Court

Court of Appeal
Case number

CACC234/2005

The appeal was allowed because the trial judge, while entitled to take judicial notice of an addict's average daily heroin consumption, improperly took judicial notice of technical factual matters (that consumers would not use heroin in almost pure block form and that adulteration requires special skill) without evidence or authoritative sources; those unsupported findings were material to the conviction and rendered it unsafe, warranting quashing of the conviction and ordering a retrial.
5 Jun 1976

LEE KAM-SHEUNG v. THE QUEEN

Citation

LEE KAM-SHEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC490/1976

The magistrate misdirected himself by treating mere possession as constituting the offence; because there was no finding or proof of the required present intention to use the instruments for forgery and the Crown could not support the conviction, the conviction must be set aside in accordance with the precedent requiring proof of present intention.
2 Sept 1975

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN

Citation

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC430/1975

Conviction for assault could not stand because the prosecution failed to prove beyond reasonable doubt that the appellant intended to threaten the constable or did an act, beyond pausing with a knife in hand, that would unequivocally constitute an assault; ambiguous testimony that the knife was held "in a threatening manner" without clarification was insufficient to support a safe verdict.

Hong Kong Case Law

HKSAR v. CHAN DICK

HKSAR v. WONG TAI SHING

LEE KAM-SHEUNG v. THE QUEEN

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN