11 Apr 2018
HKSAR v. JUTTING, RURIK GEORGE CATON
- Citation
- [2018] HKCA 189
- Court
- Court of Appeal
- Case number
- CACC361/2016
The court held that the judge correctly directed the jury: to establish the aetiology in s.3(1) the jury must be satisfied the accused suffered a diagnosed disorder (disease) rather than mere traits, and while expert opinion as to impairment is admissible, the ultimate question whether mental responsibility was 'substantially impaired' is for the jury; accordingly no point of law of great and general importance arose and certification was refused.