11 Jun 2020
HKSAR v. HUSNAIN SAFDAR
- Citation
- [2020] HKCA 454
- Court
- Court of Appeal
- Case number
- CACC39/2018
The conviction for murder was unsafe because the judge materially mischaracterised the psychiatric evidence on SIPD, depriving the jury of an accurate basis to apply the law; the record demonstrated the jury must have been satisfied of facts amounting to manslaughter by reason of diminished responsibility, so the Court properly exercised s83A(2) to substitute a manslaughter conviction and imposed a determinate sentence of 10 years after applying a one‑third discount for the appellant's plea history.