CITY UNIVERSITY OF HONG KONG
SCHOOL OF LAW
LW2903 BUSINESS AND LAW
MS. Anna LUI
TEL: 3442 8191
City University of Hong Kong
Information on a Course
offered by School of Law
with effect from Semester B in
Essay about the case Albert Cheng v. Tse Wai Chun
Introduction to the present case
Case Albert Cheng & Another V. Tse Wai Chun Paul, FACV12/2000 is a case of
defamation and it raises an important point about the defense of fair comment.
To define defamati
SPECIFIC & BASIC INTENT
A basis intent crime is one where the mens rea is intention or recklessness and does not exceed the
This means that the defendant does not need to have foreseen any consequence, or harm, beyond
that laid do
Non Fatal Offences Against the Person
Common Law Assault and Battery
Fagan v MPC 
Assault Any act which intentionally or possibly recklessly causes another person to apprehend
immediate and unlawful personal violence.
Battery Intentional or reckless
Make sure the victim is not dead! Read to the end of the question before you start writing your
answer. What appears to be, say, an assault or battery might ultimately cause V's death, so if you
should be considering homicide, do not start th
When the defendant has caused the death of a person by an unlawful and dangerous act.
The Court of Appeal in R v Mitchell  said that to establish involuntary manslaughter, it had to
that the a
Guilty state of mind.
Three states of mind which separately or together can constitute the necessary mens rea for a
Burden of proving mens rea is on the prosecution.
Mens rea does not exist i
CRIMINAL LAW INTRODUCTION
A crime may be defined as an act or omission or a state of affairs which contravenes the law and
which may be followed by prosecution in criminal proceedings with the attendant consequence,
following conviction, of punishment.
PRINCIPLES OF CRIMINAL LIABILITY
Liability = ACTUS REUS (physical elements) + MENS REA (accompanied state of mind)
Circumstances and consequences recognised for liability for the offence in question.
(ALL ELEMENTS EXCEPTIN
MODES OF PARTICIPATION
The principal is the one whose act is the most immediate cause of the actus reus, ie. The defendant
who has actually committed the offence in question.
For example, the person who, with mens rea, pulls th
A Ashworth, Principles of Criminal Law 2009
D Ormerod, Smith and Hogan Criminal Law 2011
Subjectivism and Objectivism
Mens rea is often classified as being either objective or subjective. Put simply, any mens rea which
is assessed subject
LW3606A Lecture No. 1 Introduction to Criminal Law.
(Chapters 1 and 2 of Jackson, Criminal Law in Hong Kong)
In this lecture we will look at the definition of a crime, examine the ingredients of crime and
look at questions of intention.
Sir Edward Coke, 1797:
Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth
within any country of the realm any reasonable creature in rerum natura under the King's
peace, with malice aforetho
PRINCIPLES AND POLICIES
Range of Criminal Law
Principle of Minimum Criminalisation Ambit of criminal law should be kept to a minimum.
Criminal law only resorted to in order to protect individual autonomy or to protect those
social arrangements necessary t
A strict liability crime is one which has no mens rea in respect of at least one element of the actus
reus. Strict liability crimes can be distinguished from crimes of absolute liability which have no
mens rea at all.
TIP: Vital to be able to
STRICT LIABILITY, VICARIOUS AND CORPORATE LIABILITY
Offences which do not require proof of fault (no mens rea requirement) as regards any one element
of the actus reus are known as strict liability crimes.
At common law, there are very few su