Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hysterical dissociation
  • 2 Feb 2005

    HKSAR v. LUK CHIU KI

    Citation
    HKSAR v. LUK CHIU KI
    Court
    Court of First Instance
    Case number
    HCMA1058/2004

    The Magistrate was entitled to reject the defence expert's hypotheses because the factual findings — the appellant's coherent and purposive conduct before and after taking the item, the lack of reliable evidence of an assault or causative head injury, and the appellant's ability to recall timing of medication and alleged events — removed the factual foundation for post‑traumatic automatism or hysterical dissociation; consequently the prosecution proved intent beyond reasonable doubt and the conviction was safe.