29 Jul 2016
HKSAR v. KIRKHAM, MARK EDWARD
- Citation
- HKSAR v. KIRKHAM, MARK EDWARD
- Court
- Court of First Instance
- Case number
- HCMA658/2015
The appeal was allowed and the conviction quashed because the magistrate unjustifiably disbelieved the appellant's account of near suffocation by relying unreasonably on absence of a neck injury as determinative; that misassessment rendered the rejection of self‑defence unsafe and the conviction for the bite could not be sustained beyond reasonable doubt.