5 Feb 2016
HKSAR v. NGAI HON KWONG
- Citation
- HKSAR v. NGAI HON KWONG
- Court
- Court of Appeal
- Case number
- CACC389/2014
Where evidence at trial was capable of establishing each element of gross negligence manslaughter (creation of a life‑threatening state, duty to act, breach causing death and gross negligence) the judge was obliged to leave that alternative to the jury; failure to leave that viable alternative was a material misdirection requiring quashing of the conviction and ordering a retrial, and the proviso could not be applied.