8 May 2024
香港特別行政區 訴 陳定邦
- Citation
- [2024] HKCFI 1649
- Court
- Court of First Instance
- Case number
- HCMA331/2023
Having reviewed the CCTV and all contextual evidence on re-hearing, the judge concluded the appellant's words were a spontaneous outburst made in extreme anger ('wild and whirling words') without intent to intimidate and, given the circumstances (distance maintained, presence of colleagues, PW1's calmness), the prosecution failed to prove beyond reasonable doubt that the words were intended to or would overcome the ordinary free will of a firm man; therefore conviction was unsafe and was quashed.
- Criminal intimidation
- Mens rea
- 'wild and whirling words' doctrine
- Standard of proof on appeal
- Cctv and contemporaneous evidence