Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Doli incapax

  • 4 Dec 2020

    香港特別行政區 訴 陸俊霖

    Citation
    [2020] HKCA 1003
    Court
    Court of Appeal
    Case number
    CACC331/2018

    The Court refused the applicant's motion for a certificate because the Court of Appeal correctly applied established common law: while the mere commission of the act is insufficient to rebut doli incapax, the surrounding circumstances and manner of commission may be considered as evidence (aliunde) of the child's guilty knowledge; the listed categories of evidence are relevant but not mandatory in every case; nothing in the instant case raised a new or general issue of sufficient public importance to warrant certification to the Court of Final Appeal.

  • 26 Jun 2020

    香港特別行政區 訴 呂浚森及另二人

    Citation
    [2020] HKCA 516
    Court
    Court of Appeal
    Case number
    CACC331/2018

    The appeal succeeds in respect of convictions based on the amended charges because the late substitution of 'acting as triad members' materially altered the prosecution's case and prejudiced the defendants given the prior abandonment of key confession evidence; that amendment could not be characterized as merely technical and therefore convictions under charges (1) and (3) must be quashed. Separately, the trial judge's finding that the three appellants (aged about 13-14) had sufficient maturity and understanding to rebut doli incapax on the remaining charges was upheld based on their age, sch…