9 Feb 2018
HKSAR v. JUTTING, RURIK GEORGE CATON
- Citation
- [2018] HKCA 5
- Court
- Court of Appeal
- Case number
- CACC361/2016
The Court held that the trial judge correctly directed the jury: (1) the jury was entitled to require a diagnosable disorder (not mere traits) to establish an 'abnormality of mind' on the disputed disorders; (2) the judge's explanation of 'substantially' was appropriate in the context of the evidence and consistent with authorities; (3) psychiatrists may give opinions on the ultimate issue without usurping the jury provided the jury decide what to accept; and (4) the judge's advisory comment that the two verdicts would likely be the same was permissible as non‑mandatory guidance. Accordingly…