HKSAR v. CHEN, RAYMOND

HKSAR v. CHEN, RAYMOND

The magistrate's enquiry was a proper attempt to elicit potentially exculpatory evidence for an unrepresented defendant, did not amount to a finding of accidental fact nor a reversal of the burden of proof, and the transcript together with independent witness evidence supported the magistrate's credibility findings and the guilty verdict, so the appeal is dismissed.

Citation
HKSAR v. CHEN, RAYMOND
Parties
Appellant: Appellant; Prosecution: Respondent; Complainant/pw1: Mr Tang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2009
Case Number
HCMA606/2009
Procedural Posture
Criminal Appeal Common Assault / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and fine affirmed
Legal Topics
Common Assault, Right to Silence, Burden of Proof, Magistrate Conduct, Defence of Accident, Appellate Review of Credibility
Source Language
EN
Criminal Law Evidence Procedure Common Assault Right to Silence Burden of Proof Magistrate Conduct Defence of Accident +1 more

Case Brief

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Parties

Appellant

Appellant

Respondent

Prosecution

Mr Tang

Complainant/pw1

Procedural Posture

Criminal Appeal Common Assault / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate should have inquired into the appellant's pre-trial statements/silence
  2. 2 Whether the magistrate's comments amounted to a finding that the incident was accidental
  3. 3 Whether the magistrate impermissibly shifted the burden of proof onto the appellant

Ratio Decidendi

The magistrate's enquiry was a proper attempt to elicit potentially exculpatory evidence for an unrepresented defendant, did not amount to a finding of accidental fact nor a reversal of the burden of proof, and the transcript together with independent witness evidence supported the magistrate's credibility findings and the guilty verdict, so the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction and fine affirmed

Orders

  • Appeal dismissed
  • Conviction of common assault and fine of $1,000 affirmed