HKSAR v. LAW CHUNG KIN

HKSAR v. LAW CHUNG KIN

The trial magistrate properly accepted the credible evidence of the sole prosecution witness that the appellant uttered threatening words with the intention to cause fear, rejecting the 'lost temper' explanation; on that basis the conviction for criminal intimidation was upheld.

Citation
HKSAR v. LAW CHUNG KIN
Parties
Respondent: HKSAR; Appellant/1st Defendant: LAW CHUNG KIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2005
Case Number
HCMA942/2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed; conviction confirmed
Legal Topics
Criminal Intimidation, Credibility of Witness, Burden of Proof, Accused's Right to Silence
Source Language
EN
Criminal Law Evidence Criminal Intimidation Credibility of Witness Burden of Proof Accused's Right to Silence

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

LAW CHUNG KIN

Appellant/1st Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's words constituted criminal intimidation
  2. 2 Whether the prosecution proved intent to cause fear beyond reasonable doubt
  3. 3 Whether the sole prosecution witness was credible

Ratio Decidendi

The trial magistrate properly accepted the credible evidence of the sole prosecution witness that the appellant uttered threatening words with the intention to cause fear, rejecting the 'lost temper' explanation; on that basis the conviction for criminal intimidation was upheld.

Court Disposition

Appeal dismissed; conviction confirmed

Orders

  • Appeal dismissed
  • Conviction confirmed