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Hong Kong Case Law

Genuine but mistaken belief
  • 14 Oct 2011

    HKSAR v. LEE SZE LUNG AND ANOTHER

    Citation
    HKSAR v. LEE SZE LUNG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC16/2010

    By majority the court allowed the 1st applicant's appeal and quashed his conviction because, on the facts, the absence of an appropriate direction on genuine but mistaken belief (and, as found by one judge, serious omission by defence counsel to put a material part of the defence to the complainant) rendered the trial unsafe; the 2nd applicant's appeal was dismissed because no reasonable basis existed on the evidence for a genuine belief direction and the trial judge's directions were adequate.