HKSAR v. JAGJIT SINGH

HKSAR v. JAGJIT SINGH

The magistrate's credibility findings were supported and partially corroborated by CCTV (Exhibit P4) which confirmed the appellant threw a can at PW1 and the police acted with reasonable force during the arrest; therefore the convictions for common assault and resisting a police officer were reliable and the appeal was dismissed.

Citation
HKSAR v. JAGJIT SINGH
Parties
Respondent: HKSAR; Appellant: Jagjit Singh
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 2005
Case Number
HCMA642/2005
Procedural Posture
Magistracy Appeal (on Appeal From KCCC 11682 of 2004) / Appeal Judgment in Court of First Instance
Outcome
Appeal dismissed; convictions for common assault and resisting a police officer upheld.
Legal Topics
Common Assault, Resisting a Police Officer, Use of Force by Police, Witness Credibility, CCTV Evidence
Source Language
EN
Criminal Law Evidence Police Powers Common Assault Resisting a Police Officer Use of Force by Police Witness Credibility CCTV Evidence

Case Brief

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Parties

HKSAR

Respondent

Jagjit Singh

Appellant

Procedural Posture

Magistracy Appeal (on Appeal From KCCC 11682 of 2004) / Appeal Judgment in Court of First Instance

Legal Issues

  1. 1 Whether appellant assaulted PW1 by throwing a can (common assault)
  2. 2 Whether appellant resisted/arrested police (resisting a police officer)
  3. 3 Whether police used excessive force against appellant during arrest

Ratio Decidendi

The magistrate's credibility findings were supported and partially corroborated by CCTV (Exhibit P4) which confirmed the appellant threw a can at PW1 and the police acted with reasonable force during the arrest; therefore the convictions for common assault and resisting a police officer were reliable and the appeal was dismissed.

Court Disposition

Appeal dismissed; convictions for common assault and resisting a police officer upheld.

Orders

  • Appeal dismissed
  • Convictions for common assault and resisting a police officer upheld