Read the full judgment text of CACC 000023/1994 on BabelCite. This Court of Appeal judgment was delivered on 21 July 1994 before Silke V-P, Macdougall V-P, Stuart-Moore J.
Criminal law – manslaughter – diminished responsibility – Hospital Order – indefinite detention – s.45 Mental Health Ordinance (Cap 136) – leave to appeal against sentence – medical uncertainty – R. v. Tsui Chung-leung – R. v. Lam Yuet-siu – application refused – order of detention at Siu Lam Psychiatric Centre for unspecified length of time upheld – tragic case of mother drowning son – long history of mental illness – psychotic depression – medical reports unable to confidently predict treatment duration – court held trial judge not at fault – indefinite order appropriate where doctors cannot express confidence in treatment period – balance between patient's interests and public protection
Legal issues: Leave to appeal against sentence – Hospital Order without fixed term
Outcome: Application for leave to appeal against sentence refused.