THE QUEEN v. TSANG YUI-FUNG

THE QUEEN v. TSANG YUI-FUNG

The magistrate was entitled to accept the complainant's account that the complainant sprayed the appellant and that the appellant first assaulted the complainant in retaliation; there was no legal error in the magistrate's assessment of credibility and the appellate court will not interfere, therefore the conviction is upheld.

Citation
THE QUEEN v. TSANG YUI-FUNG
Parties
Respondent/prosecution: The Queen; Appellant/defendant: Tsang Yui-Fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 1986
Case Number
HCMA521/1986
Procedural Posture
Criminal Appeal / Judgment on Appeal (magistracy Appeal)
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Common Assault, Self Defence, Defence of Property, Credibility of Witnesses, Burden of Proof
Source Language
EN
Criminal Law Appeal Common Assault Self Defence Defence of Property Credibility of Witnesses Burden of Proof

Case Brief

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Parties

The Queen

Respondent/prosecution

Tsang Yui-Fung

Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal (magistracy Appeal)

Legal Issues

  1. 1 Whether the appellant committed the first unlawful assault
  2. 2 Whether the appellant's actions were justified by self-defence
  3. 3 Whether the appellant's actions were justified by defence of property

Ratio Decidendi

The magistrate was entitled to accept the complainant's account that the complainant sprayed the appellant and that the appellant first assaulted the complainant in retaliation; there was no legal error in the magistrate's assessment of credibility and the appellate court will not interfere, therefore the conviction is upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed
  • Conviction upheld