- Once the actus reas of the occurs, the accused is guilty.
- The prosecution need only prove the actus reas, the defendant have the burden
to prove balance of probalilties, the acted reasonably. Lord bigham, people
Pursuant to the Theft Ordinance (Cap. 210), a person commits theft if he dishonestly appropriates
property belonging to another with the intention of permanently depriving the other of it.
It is not dishone
Do not use yes or no to answer, use correct, incorrect.
R. v. White
- beyond reasonable doubt, the poison cannot kill the women
- Is to identify the base for responsibility.
- Whether there are sufficient connec
- It only kind of motive and intention
- Motive does not show intention
- The intention of the defendant could argue that, it is not the intention to kill the
- The jury can put accused guilty, if they satify the wollin tests, Wollin can be u
The believe need not to be reasonable.
Beckford, subjective test, threaten by violence is unlawful.
Taking mental disorder into account
More vulnerable to danger, and to perceive dangers.
Defendant when using the force, there must be some reason in his
The prosecutino must prove that, the manager was in manage of the premises.
Allowing the premises used for the consumption of cannabis, the duress is the the
Whether there are any legal burden the defendant need to prove on the balance of
A corporation, generally meaning a limited company incorporated under the
Company Ordinance, exists as a legal entity and constitutes a legal person.
HOWEVER, under common law, an incorporated body, a partnership, is not a
Abetting: encourage, instigates, inciting a person.
Must at the time of the commission of the offence, provides that D is in
counsellingL incitement, instigation, given before the commission of the
offence, D2 may not be ther
It is threat to the serious threat
WHICH IS ALSO DURESS.
THERE MUST BE A PROPER FOUNDATION.
THEN THE REACTION THE DEFENDANT.
There must be a sufficient evidence to induce an issues in a trial.
Benefit of the doubt,
There are might be an offence that preventing the lawful funeral, could they
interfere the public justice.
There are nothing to indicate that Tim to know that Simon have the intention.
The attorney general reference, that, the court of appeal, can give op
I: Homicide, whether it is murder or manslaughter, start off by looking straight to
D: the prosecution need to prove beyond reasonable doubt that, the borther
unlawfully killed the victim.
E: unlawful, not in lawful defence, or for the purpose of
S. 60 of the Crime Ordinance
- destroying or damaging property.
A person without lawful excuse destroys or damages any property belonging to the others
61 and 62, aggravated damages. There are additional recklessness to the endangerment to
Is there any thing which the defendant have no capacity, the mens rea is relevant at
the time of trial,
The owner has right to change the price tags
He assumes the rights.
The circumstantial evidence suggested that she is acting dishonest.
R v. Sheppard
- The parent are willfully neglect the children
- 1. Had directed his mind to the question whether there was some risk that the
childs health might suffer unless he were examined by a doctor and provided
with such curative treatment
1st : at which stage there are a appropriation ?
Credit card, atm, or whether eeltectical withdrew card, cash and the wallet is the
b. some one had left , C is the possessary title of $10000, the property can belong to
C as long as C possessing
What is the evidence that the prosecution have the evidential burden to prove?
It is the defence unless the defendant satisfy sth? It is on the legal burden of the
defence to prove balance of the probabilities.
Common sense interpretation, subject to an l
SEMINAR 3 Criminal Law
1. Identify an Offence, there will be a different parties doing different thing in
different time and different time. Plus defences, parties, and issues.
2. Define, break down the offence into the elements and the the problem o
1. S.39 OAPO, Assault Occasioning actual Bodily Harm aggravated assault
Any person who is convicted of an assault occasioning actual bodily harm shall be
guilty of an offence triable upon indictment, liable to imprisonment for 3 years.
DURESS and NECESSITY (p.300)
Duress by Threats Nature of the Threat
Duress requires a threat of death or serious physical harm. The threat may
be express, as where D is told, commit this theft or you will be seriously injured,
or implied, as where D is o
PART V: OFFENCES AGAINST THE PERSON
Defence / Remarks
Coke: Murder is when a
Suicide pacts section 5 of
In Hong Kong, carries a
man unlawfully kills
the Homicide Ordinance.
Every man is presumed to be sane and to possess a sufficient degree of reason to
be responsible for his actions, until the contrary was proved.
If D alleges insanity, then D bears the legal burden of rebutting the presumption of
There are must be acts and conduct and mens rea on the part of D.
In addition, abetting and counseling require proof of further element involving
a meeting of mind or consensus, not a casual link, whereas procuring
requires proof of a casual link.
Joint Enterprise Liability,
Where two or more persons enter into a joint enterprises or agreement to
commit a crime, then each of them will be liable for any offences
committed by the parties to the agreement while carrying out and
pursuant to the joint e
Gazette Number Version Date
To revise the law as to theft and similar or associated offences, and in connection therewith to make provision as to
criminal proceedings by one party to a marriage against th
THEFT ORDINANCE : A PERSON COMMIT THEFT IF HE DISHONESTLY
APPROPRIATES PROPERTY BELONGING TO ANOTHER WITH THINTETNION OF
PERMANENTLY DEPRIVING THE OTHER OF IT; AND THIEF AND STEAL SHALL BE
- Section 5, p
The flaws of the legal certain
1. The absolute certainty is unattainable
2. Flexibility is important for incremental law-making
3. High degree of certainty requires the limitation of the fundamental freedom
4. The vague would certainly to be
Section 3 (1), Homicide Ordinance.
Where a person kills or is a party to the killing of the another, he shall not
convicted of murder if:
1. he was suffering from such abnormality of mind,
2. the abnormality is arising from a con
R v. Duffy
Provocation is some act or series of acts done by the dead man to D which
would cause in any man, and actually causes D, a sudden and temporary
loss of self-control, rendering D so subject to passion as to make him or her
for the mo
1. CHILDREN THERE ARE NO NECESSARY MORALLY RESPONSIBILITIY,
children under 10 cannot be convicted of a crime.
2. the prosecution need to prove that the infant beyond reasonable doubt, the infant
developed sense of the m
Maliciously Wouding/Causing Grievous Bodily Harm
Section 19 Offences against the person ordinance.
Any person who unlawfully and maliciously wounds or inflicts any grievous bodily
harm upon any other person, either with or without any weapon or instrument