26 Oct 1981
LI WANG-FAT AND ANOTHER v. THE QUEEN
- Citation
- LI WANG-FAT AND ANOTHER v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC1100/1980
Although the trial judge misdirected the jury on the mental element for wilful neglect by using an objective test, the evidence established that the appellants had the requisite subjective mens rea and would inevitably have been convicted on proper directions; therefore the proviso applies and convictions are upheld. Sentence for manslaughter was reduced from five to three years on compassionate grounds relating to four other young children; the two-year concurrent sentence for wilful neglect was left undisturbed.