Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Medication-induced incapacity

  • 29 Aug 2008

    HKSAR v. YEUNG MING HA

    Citation
    HKSAR v. YEUNG MING HA
    Court
    Court of First Instance
    Case number
    HCMA328/2008

    The court allowed the appeal because the magistrate's reasons did not adequately exclude the plausible innocent explanation that medication-induced confusion caused the appellant to forget to pay; uncontradicted medical evidence and the circumstance of taking 12 kiwifruit (consistent with a special-offer intent to pay) left a lurking doubt as to dishonesty, rendering the conviction unsafe.

  • 9 May 1990

    THE QUEEN v. TAM YING

    Citation
    THE QUEEN v. TAM YING
    Court
    Court of First Instance
    Case number
    HCMA235/1990

    Conviction unsafe because the trial magistrate failed to properly consider medical evidence that could have shown the appellant lacked the requisite dishonest intention and failed to consider her full mixed cautioned statement and misapplied the legal test for dishonesty (Ghosh); accordingly conviction was quashed.