20 Nov 2020
HKSAR v. LIANG YAOQIANG
- Citation
- [2020] HKCA 941
- Court
- Court of Appeal
- Case number
- CACC131/2018
The judge materially misdirected by failing to instruct the jury that the psychiatric expert evidence was relevant to, and should be considered for, the subjective limb of provocation (loss of self-control); that omission rendered the conviction unsafe and required quashing. Having quashed the conviction, the Court applied the statutory and common law framework (s83A/s83E CPO and proportional balancing of the interests of justice) and, by majority, ordered a retrial because the issues (credibility, loss of self-control, timing of psychiatric onset) are matters fit for jury determination and p…