22 Feb 2013
KULEMESIN YURIY AND ANOTHER v. HKSAR
- Citation
- KULEMESIN YURIY AND ANOTHER v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC6/2012
Section 72 of the SPCO is not an absolute‑liability offence as to the endangerment consequence; the presumption of mens rea applies and if displaced the appropriate replacement is the second alternative: the prosecution must prove conduct, causation and actual endangerment beyond reasonable doubt and, if defendant adduces evidence that, if unrebutted, raises a reasonable doubt that he honestly believed on reasonable grounds his conduct would not cause danger (or that a reasonable excuse existed under the second limb), the prosecution must disprove beyond reasonable doubt either absence of tha…