Read the full judgment text of CACC 000535/2003 on BabelCite. This Court of Appeal judgment was delivered on 28 May 2004 before Stuart-Moore VP, Woo VP, Lunn J.
Criminal law – insanity – hospital order – indeterminate detention – wounding with intent – delusional disorder – appeal – leave to appeal dismissed – The applicant was found not guilty by reason of insanity for a violent attack on a doctor. The District Court ordered his admission to Siu Lam Psychiatric Centre without a time limit under section 76(2) of the Criminal Procedure Ordinance. The Court of Appeal held that the order was proper, applying Tsui Chung-leung v R, as psychiatrists did not confidently expect release within a fixed period. The court also found no material change in the applicant's condition, and annual reviews ensure no unnecessary detention. Application dismissed.
Legal issues: Propriety of indeterminate hospital order · Review of indeterminate hospital order
Outcome: Application for leave to appeal dismissed.
Cited by 4 cases · Cites 1 case