Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental disorder defence

  • 23 Mar 2022

    香港特別行政區 訴 袁格詩

    Citation
    [2022] HKCFI 727
    Court
    Court of First Instance
    Case number
    HCMA44/2021

    The High Court held the conviction was safe because the trial judge's acceptance of prosecution witnesses and CCTV evidence, together with the appellant's own statement, were supported by the record and not perverse; the appellant's claim of forgetfulness due to mental disorder lacked expert evidence and was insufficient to rebut intent. However, because the appellant had been remanded for over three months, the fine imposed was inappropriate; the Court substituted the fine with a three‑day custodial sentence, to be fully credited against time already served on remand.

  • 24 Dec 2020

    香港特別行政區 訴 占月善

    Citation
    [2020] HKCFI 3134
    Court
    Court of First Instance
    Case number
    HCMA132/2020

    The trial judge's findings that the appellant had been notified of the Land Tribunal's possession order, that her application to stay was dismissed, and that she admitted intentionally damaging the locks were supported by the evidence; medical testimony did not show she lacked understanding, therefore the conviction for criminal damage was properly founded and the appeal fails.