HKSAR v. LEUNG PING KEUNG

HKSAR v. LEUNG PING KEUNG

The magistrate's acceptance of the consistent testimonies of PW1 and PW2 regarding the chest bump and damage to spectacles made the convictions safe; the peripheral discrepancy about whether the appellant complained to the supervisor did not render the convictions unsafe, so the appeal was dismissed.

Citation
HKSAR v. LEUNG PING KEUNG
Parties
Respondent: HKSAR; Appellant: Leung Ping Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2006
Case Number
HCMA714/2006
Procedural Posture
Magistracy Appeal (criminal) / Appeal (court of First Instance, Appellate Jurisdiction)
Outcome
Appeal dismissed; convictions upheld.
Legal Topics
Common Assault, Criminal Damage, Credibility of Witnesses, Unsafe Conviction Test
Source Language
EN
Criminal Law Evidence Appellate Review Common Assault Criminal Damage Credibility of Witnesses Unsafe Conviction Test

Case Brief

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Parties

HKSAR

Respondent

Leung Ping Keung

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal (court of First Instance, Appellate Jurisdiction)

Legal Issues

  1. 1 Whether the appellant's conduct amounted to common assault
  2. 2 Whether the appellant's conduct amounted to criminal damage
  3. 3 Whether an alleged discrepancy between PW1 and PW2 undermines the prosecution case

Ratio Decidendi

The magistrate's acceptance of the consistent testimonies of PW1 and PW2 regarding the chest bump and damage to spectacles made the convictions safe; the peripheral discrepancy about whether the appellant complained to the supervisor did not render the convictions unsafe, so the appeal was dismissed.

Court Disposition

Appeal dismissed; convictions upheld.

Orders

  • Appeal dismissed.
  • Convictions for common assault and criminal damage upheld.