19 Jun 1986
THE QUEEN v. TSANG MING-HUNG
- Citation
- THE QUEEN v. TSANG MING-HUNG
- Court
- Court of Appeal
- Case number
- CACC118/1986
Because the judge accepted the appellant's honest belief that he had a lawful claim of right, that belief negated the dishonest appropriation element of robbery and constituted a valid defence to robbery; however the facts supported conviction for the lesser offence of common assault, so the court quashed the robbery conviction and substituted a conviction for common assault and imposed an appropriate custodial sentence; a retrial on a different offence not capable of conviction on the original indictment was not permissible under s83E(2).