2019-01-15T07:48:53+00:00 Essays

Justification of Self-defense in Crimes

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Justification of Self-defense in Crimes: Hong Kong

Instructions:

Dear writer,
1. Please do not write the Introduction 
2. Please Compare 3 Countries - Australia, Singapore and Hong Kong
3. Please have as much sources as possible
4. Please use cases to support answer
Thank you

Content:

Justification of Self-defense in Crimes: Hong Kong Name: Institution: Course Title: Instructor: Date: Justification of Self-defense in Crimes: Hong Kong Self defense is commonly asserted in homicide, assault and battery cases in Hong Kong. Self defense in Hong Kong is considered as one of the Hong Kong law defenses. This applied in cases where a burglary takes place in a residential place or even a business premise and there is no enough time to respond by calling the police (Gaylord et al., 2009). But instead, a person responds by killing the culprits using a weapon they posses. The burden in such cases lies on the prosecution to justify to the jury that the act was carried out under self-defense (Wai-Kin, 2011). In Hong Kong law, individuals are allowed to use necessary force to defend themselves, others and their property. A test of the cases on self defense in Hong Kong was tested in the R v. Lau Cheung-Lam (1997) HKLY 273 where the court ruled out that self defense was allowed. In another case of Palmer v. R (1971) AC 814, the accused appealed to the jury that the judge had given a wrong verdict by summing up the act of self defense. However, the appeal was later dismissed as the jury decision was not influenced by the summing up. In another case of The Queen v. Leung Ka-fai (1992) 1 HKCLR 255, the accused was convicted of murder and later on launched an appeal. The appeal was based on the fact that the trial judge had wrongfully directed the ca...


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