HKSAR v. YIP YAT MING

HKSAR v. YIP YAT MING

The appeal is dismissed because the learned Magistrate adequately considered the significant discrepancies, accepted the victim PW2's evidence which was corroborated by PW4, and there is no lurking doubt that the conviction for common assault is unsafe.

Citation
HKSAR v. YIP YAT MING
Parties
Respondent: HKSAR; Appellant: YIP YAT MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 1998
Case Number
HCMA128/1998
Procedural Posture
Magistracy Appeal (criminal) / Appeal Hearing and Judgment in Court of First Instance
Outcome
Appeal dismissed; conviction for common assault upheld.
Legal Topics
Common Assault, Criminal Intimidation, Witness Credibility, Appellate Review of Convictions
Source Language
EN
Criminal Law Evidence Common Assault Criminal Intimidation Witness Credibility Appellate Review of Convictions

Case Brief

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Parties

HKSAR

Respondent

YIP YAT MING

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Hearing and Judgment in Court of First Instance

Legal Issues

  1. 1 Whether the learned Magistrate failed to deal with significant discrepancies in the evidence
  2. 2 Whether any unresolved discrepancies created a lurking doubt making the conviction unsafe
  3. 3 Whether the appellant was present and participated in the assault

Ratio Decidendi

The appeal is dismissed because the learned Magistrate adequately considered the significant discrepancies, accepted the victim PW2's evidence which was corroborated by PW4, and there is no lurking doubt that the conviction for common assault is unsafe.

Court Disposition

Appeal dismissed; conviction for common assault upheld.

Orders

  • Appeal dismissed
  • Conviction of common assault affirmed