6 Jun 2014
HKSAR v. LO CHUN SIU
- Citation
- HKSAR v. LO CHUN SIU
- Court
- Court of Appeal
- Case number
- CACC90/2013
Court held that psychiatrists may testify about the nature, severity and functional effects of ADHD and how impulsivity can impair self-control but may not pronounce on the ultimate legal question whether the abnormality 'substantially impaired' mental responsibility; the trial judge erred by directing jury to ignore ADHD in assessing provocation (both subjective limb and gravity assessment) and failing to instruct that ADHD-related characteristics could be considered when assessing gravity; that misdirection was material and could not be cured by applying the proviso; appeal allowed, convict…