Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Single transaction rule

  • 17 Feb 2023

    HKSAR v. C.H.P. AND ANOTHER

    Citation
    [2023] HKCA 216
    Court
    Court of Appeal
    Case number
    CACC97/2021

    The Court held the trial judge's directions were legally adequate: causation direction conformed to Specimen Direction 20 and was not erroneous; no Woollin/Nedrick or Kevin Brown directions were required on these facts; the question whether the acts formed a sequence of events was properly left to the jury under the single transaction rule; evidence regarding X was admissible for context and properly neutralised by emphatic directions; and the imposed sentences were within lawful range and not manifestly excessive. Accordingly leave to appeal was refused and all appeals dismissed.

  • 28 Jan 2014

    HKSAR v. MA KWOK FAI

    Citation
    HKSAR v. MA KWOK FAI
    Court
    Court of Final Appeal
    Case number
    FACC1/2013

    Where an assault is a single continuous attack comprising multiple blows, the jury must be directed to consider all the circumstances, including all blows, when inferring the defendant's intent; on the facts the trial judge's direction to consider the attack as a whole was proper, but subsequent admissible psychiatric evidence established diminished responsibility and justified substituting the murder verdict with manslaughter by reason of diminished responsibility and confirming a hospital order.