
Showing posts with label Shaun Tam. Show all posts
Showing posts with label Shaun Tam. Show all posts
Tuesday, February 16, 2021
Overview - The Forgotten Day

Saturday, May 23, 2020
Legal Analysis of Sam's Crimes
This article is written for entertainment purposes and does not constitute legal advice. Spoilers for Brutally Young ahead.
In the finale for Brutally Young, Sam (Shaun Tam) confesses to his crimes and receives a lengthy prison sentence. His convictions included three counts for manslaughter for the deaths of Lai Kwok-Ming (Kevin Tong), Ah Yat (Joel Chan) and Mrs. Yuen (Elvina Kong). Here's my nerdy legal take on the three charges.
Death of Ah Yat
The difference between murder and manslaughter is the intent. In the case of murder, there is generally a requirement of premeditation, or prior planning, to kill someone. Manslaughter, on the other hand, does not require prior planning.
The concept of transferred intent applies when the defendant intends to kill a particular person, but accidentally kills someone else instead. The classic example is when the defendant fires a gun at person A, but misses and hits person B. The defendant's intent to kill person A is "transferred" to person B. So the defendant is deemed to have "intent" to kill person B, even though that was not what he had in his mind.
Sam's killing of Ah Yat should be classified as murder instead of manslaughter. There is clear evidence of Sam's premeditation. He deliberately brought the knife to the abandoned school. On his way there, he expressed "If I can't get [the tape] back, I will kill him." Before charging at Yuen Sir with the knife, he said "Tonight, I will end this." His intent to kill Yuen Sir was transferred when he plunged the knife into Ah Yat instead. Because of the premeditation, he should have been charged with murder instead of manslaughter.
Death of Lai Kwok-Ming
Sometimes, a defendant can provide a legal explanation for killing someone. Two commonly accepted explanations are self-defense and provocation.
Self-defense is when a defendant kills someone in order to protect himself from imminent attack. For example, if someone is about to kill the defendant, the defendant may kill the attacker first to protect himself. But the force used by the defendant has to be reasonable and not more than necessary to counter the attack. In other words, you can’t bring a gun to a fist fight. Self-defense will result in a complete acquittal.
Provocation is when the defendant kills someone in the heat of a moment, in reaction to something that would reasonably cause the defendant to lose control of his rationality. The classic example is when a husband kills someone in a fit of rage after discovering that his wife had been cheating on him. Provocation usually results in lesser punishment, but does not allow the defendant to be acquitted entirely.
Sam might claim that he killed Lai Kwok-Ming in self-defense. He had been kidnapped by Lai, who doused Sam in a flammable substance and threatened to light him on fire. Sam was reasonably in fear for his life and attacked Lai to save himself. The problem is that Sam kept hitting Lai with the wrench even after Lai had been knocked unconscious. Since the unconscious Lai did not pose an immediate danger to Sam, Sam cannot continue to use self-defense to justify his actions after that point.
Sam can argue that he had no intention of killing Lai. Sam said that he only wanted to subdue Lai and did not intend to kill him. Alternatively, Sam can argue that he had been provoked. Sam was outraged after discovering that Lai was the person who harmed his friends and his mother. They got into a fight and Sam killed Lai in the course of fighting. In either scenario, the manslaughter charge is appropriate here.
Death of Mrs. Yuen
When a defendant unintentionally kills someone while committing another crime, the defendant can be charged with either murder or manslaughter, depending on the type of crime he was committing at the time. If it is a low-level crime, the charge is manslaughter. A common example is a driver who accidentally kills someone while drunk driving. If the defendant was committing an “inherently dangerous” crime, like rape or arson, he can be charged with murder. This rule, known as the felony murder rule, has been abolished in many jurisdictions.
Even though Sam did not know that Mrs. Yuen was on the boat, he caused her death when he set the boat on fire. For burning the boat, Sam was charged with illegal disposal of a corpse. Since that is not an inherently dangerous crime, manslaughter is the appropriate charge. If Sam had been charged with arson instead, he would have qualified for felony murder.
In the finale for Brutally Young, Sam (Shaun Tam) confesses to his crimes and receives a lengthy prison sentence. His convictions included three counts for manslaughter for the deaths of Lai Kwok-Ming (Kevin Tong), Ah Yat (Joel Chan) and Mrs. Yuen (Elvina Kong). Here's my nerdy legal take on the three charges.
Death of Ah Yat
The difference between murder and manslaughter is the intent. In the case of murder, there is generally a requirement of premeditation, or prior planning, to kill someone. Manslaughter, on the other hand, does not require prior planning.
The concept of transferred intent applies when the defendant intends to kill a particular person, but accidentally kills someone else instead. The classic example is when the defendant fires a gun at person A, but misses and hits person B. The defendant's intent to kill person A is "transferred" to person B. So the defendant is deemed to have "intent" to kill person B, even though that was not what he had in his mind.
Sam's killing of Ah Yat should be classified as murder instead of manslaughter. There is clear evidence of Sam's premeditation. He deliberately brought the knife to the abandoned school. On his way there, he expressed "If I can't get [the tape] back, I will kill him." Before charging at Yuen Sir with the knife, he said "Tonight, I will end this." His intent to kill Yuen Sir was transferred when he plunged the knife into Ah Yat instead. Because of the premeditation, he should have been charged with murder instead of manslaughter.



Death of Lai Kwok-Ming
Sometimes, a defendant can provide a legal explanation for killing someone. Two commonly accepted explanations are self-defense and provocation.
Self-defense is when a defendant kills someone in order to protect himself from imminent attack. For example, if someone is about to kill the defendant, the defendant may kill the attacker first to protect himself. But the force used by the defendant has to be reasonable and not more than necessary to counter the attack. In other words, you can’t bring a gun to a fist fight. Self-defense will result in a complete acquittal.
Provocation is when the defendant kills someone in the heat of a moment, in reaction to something that would reasonably cause the defendant to lose control of his rationality. The classic example is when a husband kills someone in a fit of rage after discovering that his wife had been cheating on him. Provocation usually results in lesser punishment, but does not allow the defendant to be acquitted entirely.
Sam might claim that he killed Lai Kwok-Ming in self-defense. He had been kidnapped by Lai, who doused Sam in a flammable substance and threatened to light him on fire. Sam was reasonably in fear for his life and attacked Lai to save himself. The problem is that Sam kept hitting Lai with the wrench even after Lai had been knocked unconscious. Since the unconscious Lai did not pose an immediate danger to Sam, Sam cannot continue to use self-defense to justify his actions after that point.
Sam can argue that he had no intention of killing Lai. Sam said that he only wanted to subdue Lai and did not intend to kill him. Alternatively, Sam can argue that he had been provoked. Sam was outraged after discovering that Lai was the person who harmed his friends and his mother. They got into a fight and Sam killed Lai in the course of fighting. In either scenario, the manslaughter charge is appropriate here.



Death of Mrs. Yuen
When a defendant unintentionally kills someone while committing another crime, the defendant can be charged with either murder or manslaughter, depending on the type of crime he was committing at the time. If it is a low-level crime, the charge is manslaughter. A common example is a driver who accidentally kills someone while drunk driving. If the defendant was committing an “inherently dangerous” crime, like rape or arson, he can be charged with murder. This rule, known as the felony murder rule, has been abolished in many jurisdictions.
Even though Sam did not know that Mrs. Yuen was on the boat, he caused her death when he set the boat on fire. For burning the boat, Sam was charged with illegal disposal of a corpse. Since that is not an inherently dangerous crime, manslaughter is the appropriate charge. If Sam had been charged with arson instead, he would have qualified for felony murder.


Sunday, April 19, 2020
Overview - Brutally Young

Eighteen years ago, seven youths, including Shaun Tam, Joel Chan, Anthony Ho, get into a fight with local gangster Oman Lam. Eventually, Oman laid dead on the ground... The seven become estranged and go their separate ways. Eighteen years later, the police discover Omen's skeletal remains while investigating a traffic accident. The seven can no longer avoid the huge mistake they made years ago! Amidst the conflict and struggle, Shaun and Mandy Wong, the CID Inspector in charge of the skeleton investigation, develop feelings for each other, causing him to become more perplexed. At the same time, Mandy's father (Dominic Lam) is also secretly investigating the incident and seemingly has a connection with the skeleton. As the truth gradually surfaces, the seven men feel endangered. Who is the real killer?
Sunday, February 16, 2020
Overview - Forensic Heroes IV

Senior chemist Raymond Wong of the Forensic Science Division, senior forensic pathologist Selena Li of the Forensic Pathology Division, and CID Senior Inspector Shaun Tam are a crime-fighting trio. They lead elite teams that use forensic science to reveal astonishing plots, pathology to crack the hidden code of the human body, and a rigorous spirit of upholding the law to reveal the shocking truth of crimes! Passionate reporter Roxanne Tong's childhood regrets is closely connected to Raymond. Forensic expert Alice Chan is betrayed by her beloved and becomes a murder suspect... Mysteries and strange cases intertwine, scenes of cold-blooded acts are frightening! The heavens are watching what people are doing. The crime-fighting trio steadfastly believe that "Evil cannot defeat good, hate cannot resist kindness." They vow to speak for the dead and clear the name of survivors!
Monday, February 03, 2020
Saturday, August 04, 2018
Overview - The Stunt

"Peak" was a famous car stunt team in the film industry, but after an accident two years ago, team leader Shaun Tam decided to disband the team. In order to fulfill her father's dying wish, team member Rebecca Zhu works as a stunt double in films, while actively trying to convince the team to regroup. Through hard work, she is finally successful. Rookie director Kelvin Kwan wants to work with the Peak team to film a movie about stunt doubles, but is rejected by Shaun. Rebecca has had a crush on Shaun for many years. Meanwhile, Kelvin is developing feelings for Rebecca. In addition to "flower vase" actress Kelly Fu, the relationship between the four people becomes tangled. When Rebecca unveils a long-kept secret, she is unable to continue her path as a stunt double. How will Shaun resolve this?
Sunday, June 24, 2018
Overview - Succession War

Ruco Chan supported imperial prince Shaun Tam to be emperor. After the Qianlong Emperor dies, Shaun persuades Ruco's son (Matthew Ho) and confidant (Joel Chan) to turn on Ruco as he seeks to eliminate Ruco and his associates. But Ruco has already planned for this. He not only defuses Shaun's attack, but turns the tables and reveals imperial concubine Selena Lee's secret, causing Shaun to face enemies from both sides! Ruco's second wife Elaine Yiu and soulmate Natalie Tong act separately to turn Shaun's brother (Jonathan Cheung) against him. Meanwhile, the White Lotus sect is stirring up trouble, putting Shaun in a desperate situation. Except the Mandate of Heaven cannot be violated...
Thursday, June 21, 2018
Succession War Crash Course
It's time to brush up on your historical knowledge before Succession War airs with this crash course!
Lesson 1:
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Lesson 3:
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Lesson 5:
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