21 Oct 2021
HKSAR v. LAM MING LOK
- Citation
- [2021] HKMagC 13
- Court
- Magistrates' Courts
- Case number
- ESCC2365/2020
Magistrate accepted the evidence the defendant was genuinely semi-conscious and incapable of comprehending requests at the material time, and concluded that on the evidence there remained a reasonable possibility the defendant could not form the requisite mental element for Charge 1; further, the court found the reversal of pleas to Charges 2 and 3 was properly allowed because defence counsel openly admitted he had induced the guilty pleas by erroneous advice, creating a real risk of miscarriage of justice. The prosecution's review applications were therefore dismissed.