4 May 2006
HKSAR v. GURUNG LIL BAHADUR
- Citation
- HKSAR v. GURUNG LIL BAHADUR
- Court
- Court of First Instance
- Case number
- HCMA302/2006
The conviction was upheld because credible evidence from the victim and police that the victim's skin was broken and bleeding constituted actual bodily harm even in the absence of medical evidence, and the learned Magistrate's credibility findings were not unsafe; however the sentence of 9 months was manifestly excessive because the Magistrate failed to adequately consider provocation, loss of temper, and the appellant's lack of violent antecedents, and was therefore substituted with a 3 month term.