Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Attempted criminal damage

  • 16 Aug 2021

    香港特別行政區 訴 紀鎮基

    Citation
    [2021] HKCFI 2261
    Court
    Court of First Instance
    Case number
    HCMA160/2021

    The appeal is dismissed because the magistrate's sentencing decision was within the proper range: the appellant's multiple prior convictions and two clear aggravating factors (physical restraint of the victim preventing escape and deliberate smashing causing loss of the victim's mobile phone) justified the individual terms (4 months for assault, 8 months for attempted criminal damage) and the aggregate sentence of 10 months (with partial concurrency) was neither excessive nor contrary to sentencing principles.

  • 12 May 2004

    HKSAR v. CHAN CHUK SING

    Citation
    HKSAR v. CHAN CHUK SING
    Court
    Court of First Instance
    Case number
    HCMA376/2004

    The court held that the appellant's overt conduct (striking the bonnet, moving around the vehicle and preventing its departure) provided sufficient evidence from which a reasonable Magistrate could infer intent to commit criminal damage and that amendment of the charge to attempted criminal damage and conviction were lawful; credibility assessments and partial acceptance of PW1's evidence were within the Magistrate's discretion and there was no unfairness.