Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Concurrence doctrine
  • 28 Jan 2014

    HKSAR v. MA KWOK FAI

    Citation
    HKSAR v. MA KWOK FAI
    Court
    Court of Final Appeal
    Case number
    FACC1/2013

    Where an assault is a single continuous attack comprising multiple blows, the jury must be directed to consider all the circumstances, including all blows, when inferring the defendant's intent; on the facts the trial judge's direction to consider the attack as a whole was proper, but subsequent admissible psychiatric evidence established diminished responsibility and justified substituting the murder verdict with manslaughter by reason of diminished responsibility and confirming a hospital order.