Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Privy council guidance
  • 10 Aug 1984

    THE QUEEN v. YAU SAU-KAM

    Citation
    THE QUEEN v. YAU SAU-KAM
    Court
    Court of Appeal
    Case number
    CACC948/1983

    Applying the Privy Council guidance, the mens rea for murder under common design is subjective and the jury must be satisfied the accused actually contemplated the risk of death or serious injury; on the evidence in this case the appellant either contemplated that risk or conceded the ground challenging the direction was not arguable, and therefore the conviction was upheld and the appeal dismissed.