HKSAR v. LAM MAN HUNG and Another

HKSAR v. LAM MAN HUNG and Another

Convictions were upheld because the magistrate's credibility findings were supported by evidence including police eyewitness corroboration; sentences were affirmed because they were within a reasonable range and not manifestly excessive given the unprovoked nature of the conduct and impact on the victim.

Citation
HKSAR v. LAM MAN HUNG and Another
Parties
Respondent: HKSAR; 1st Appellant: Lam Man Hung; 2nd Appellant: So Mok Chin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 1998
Case Number
HCMA989/1997
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Against Conviction and Sentence Heard by Court of First Instance (appellate Jurisdiction)
Outcome
Appeals against conviction and sentence dismissed; convictions and sentences affirmed
Legal Topics
Indecent Assault, Common Assault, Credibility and Corroboration, Sentencing Review, Appeal Against Conviction and Sentence
Source Language
EN
Criminal Law Sexual Offences Assault Sentencing Indecent Assault Common Assault Credibility and Corroboration Sentencing Review +1 more

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Parties

HKSAR

Respondent

Lam Man Hung

1st Appellant

So Mok Chin

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Against Conviction and Sentence Heard by Court of First Instance (appellate Jurisdiction)

Legal Issues

  1. 1 Whether the convictions were safe given the appellants' accounts and the magistrate's credibility findings
  2. 2 Whether the magistrate erred in law or fact in assessing evidence and corroboration
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

Convictions were upheld because the magistrate's credibility findings were supported by evidence including police eyewitness corroboration; sentences were affirmed because they were within a reasonable range and not manifestly excessive given the unprovoked nature of the conduct and impact on the victim.

Court Disposition

Appeals against conviction and sentence dismissed; convictions and sentences affirmed

Orders

  • Convictions of both appellants confirmed
  • Sentence of 28 days imprisonment for 1st Appellant Lam Man Hung affirmed and to be served immediately