Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mens rea for attempt

Legal area

Court

17 Aug 2004

HKSAR v. MA CHIU SING

Citation

HKSAR v. MA CHIU SING
Court

Court of Appeal
Case number

CACC4/2003

The convictions under s.23 were quashed because attempt requires proof of intent to injure/aggrieve/annoy and the admitted facts gave rise to reasonable doubt as to that intent (recklessness is insufficient); a retrial was not ordered because conviction on retrial was improbable. The s.15 convictions were upheld and the court substituted sentences under s.83B, fixing a starting point of 7 years reduced to 5 years for guilty pleas and ordering parts of the sentences to run consecutive to produce a total effective sentence of 6 years 8 months imprisonment.
10 Apr 1996

YU FUNG HI and Another

Citation

YU FUNG HI and Another
Court

Court of Appeal
Case number

CACC710/1995

A conviction for attempted arson cannot rest on mere recklessness as to whether fire damage will occur; the prosecution must prove the defendant had the specific intent to cause damage by fire. The trial judge's direction that recklessness sufficed was a misdirection warranting quashing of the attempted arson convictions. Separately, a defendant's admission of membership in a triad society, when viewed with corroborating evidence and the defendant's knowledge and conduct, can be sufficient to convict.