HKSAR v. KWOK CHI CHUNG

HKSAR v. KWOK CHI CHUNG

The magistrate accepted PW1's direct evidence that the appellant deliberately spat at PW1, PW2's demonstration of the spitting sound corroborated deliberate spitting, and in the context of prior verbal threats and raised fists the act was hostile and calculated to cause apprehension; therefore there was sufficient...

Source-derived case information.

Citation
HKSAR v. KWOK CHI CHUNG
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2004
Case Number
HCMA1124/2003
Procedural Posture
Criminal Common Assault / Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Common Assault, Apprehension of Immediate Unlawful Violence, Credibility Assessment, Spitting as Assault
Source Language
en
Criminal Law Evidence Appellate Review Common Assault Apprehension of Immediate Unlawful Violence Credibility Assessment Spitting as Assault

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Common Assault / Appeal Against Conviction

Legal Issues

  1. 1 Did the appellant intentionally spit at PW1?
  2. 2 Whether PW1 apprehended immediate unlawful violence
  3. 3 Whether the magistrate erred in resolving discrepancies between PW1 and PW2 and in assessing credibility

Ratio Decidendi

The magistrate accepted PW1's direct evidence that the appellant deliberately spat at PW1, PW2's demonstration of the spitting sound corroborated deliberate spitting, and in the context of prior verbal threats and raised fists the act was hostile and calculated to cause apprehension; therefore there was sufficient evidence to convict and the appellate court will not disturb the credibility finding.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal against conviction dismissed