HKSAR v. WONG CHI FAI AND ANOTHER

HKSAR v. WONG CHI FAI AND ANOTHER

The magistrate adequately considered the surrounding circumstances and the effect on a person of ordinary firmness and properly found the words were not mere 'wild and whirling' exclamations but deliberate threats intended to alarm; given the organised bullying, prior convictions and the nature of the offence the six month sentences were not manifestly excessive, so both appeals are dismissed.

Citation
HKSAR v. WONG CHI FAI AND ANOTHER
Parties
1st Appellant: Wong Chi Fai; 2nd Appellant: Hui Yu Keung; Respondent: HKSAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 August 2001
Case Number
HCMA702/2001
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed
Legal Topics
Criminal Intimidation, Threats, Evidence of Intention, Sentence Severity
Source Language
EN
Criminal Law Magistrates' Court Procedure Sentencing Criminal Intimidation Threats Evidence of Intention Sentence Severity

Case Brief

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Parties

Wong Chi Fai

1st Appellant

Hui Yu Keung

2nd Appellant

HKSAR

Respondent

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate erred by failing to determine if the threatening words were merely 'wild and whirling' angry words uttered in exasperation
  2. 2 Whether the threats were uttered with intent to cause alarm or were such that a person of ordinary firmness would be affected
  3. 3 Whether the six month custodial sentences were manifestly excessive or wrong in principle

Ratio Decidendi

The magistrate adequately considered the surrounding circumstances and the effect on a person of ordinary firmness and properly found the words were not mere 'wild and whirling' exclamations but deliberate threats intended to alarm; given the organised bullying, prior convictions and the nature of the offence the six month sentences were not manifestly excessive, so both appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals against conviction dismissed
  • Appeals against sentence dismissed