24 Jul 2012
HKSAR v. MA KWOK FAI
- Citation
- HKSAR v. MA KWOK FAI
- Court
- Court of Appeal
- Case number
- CACC404/2011
The murder conviction was unsafe because the judge failed to direct the jury to consider whether the fatal traumatic head injury resulted from a single punch and to assess the appellant's intention at the time of that punch separately from the subsequent kicks; without that direction the jury may have wrongly inferred intent to cause grievous bodily harm, so the conviction was substituted for manslaughter and a Hospital Order under s45 MHO was imposed given the appellant's diagnosed paranoid schizophrenia and risk of violence.