16 May 2003
HKSAR v. OH EUGENE JAE-HOON
- Citation
- HKSAR v. OH EUGENE JAE-HOON
- Court
- Court of First Instance
- Case number
- HCMA369/2002
The magistrate properly applied the Cunningham test to the assault and Caldwell to the criminal damage; credible independent eyewitness evidence established that the appellant threw rocks that caused PW1 to apprehend immediate unlawful violence and that one rock damaged PW2's parked car; self-defence was not available on the facts; alleged tape tampering and non-disclosure did not materially prejudice the defence. Consequently the convictions were upheld and the appeal dismissed.