16 Jan 2023
香港特別行政區 訴 胡慕珠
- Citation
- [2023] HKCFI 25
- Court
- Court of First Instance
- Case number
- HCMA223/2022
Trial judge's factual findings accepting prosecution witnesses were lawful and entitled to full weight; applying the two-stage test the court found that even if appellant sincerely believed she was defending property or preventing unlawful removal, biting was an intentional, disproportionate and excessive use of force that was unlawful; evidence satisfied guilt beyond reasonable doubt and the 14-day immediate custodial sentence was appropriate and not manifestly excessive given need to protect/frontline officers and deterrence; fresh evidence was inadmissible or would not alter sentence.