Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wilful neglect

  • 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.

  • 25 Jul 2022

    香港特別行政區 訴 李群超

    Citation
    [2022] HKCFI 2149
    Court
    Court of First Instance
    Case number
    HCMA351/2021

    Appellate court allowed the conviction appeal because the evidence did not establish beyond reasonable doubt that the appellant subjectively foresaw the risk (including the risk he would fall asleep and thus be unable to supervise) and nonetheless unreasonably ran that risk; the trial judge’s inferences were not the only reasonable ones and the conviction was therefore unsafe.