9 Jun 2023
香港特別行政區 訴 陳海雲及另一人
- Citation
- [2023] HKCFI 1524
- Court
- Court of First Instance
- Case number
- HCMA224/2022
The High Court answered the case‑stated questions by holding that the magistrate had failed to give sufficient consideration to whether, objectively, the victim and others present were likely to react with violence or fear in the prevailing social context; the correct legal approach requires taking the audience as found and conducting an objective assessment of likely consequences. Applying that approach to the admitted facts, elements 1 and 3 are satisfied and elements 2,4,5 are not (element1: yes; element2: no; element3: yes; element4: no; element5: no). The case is remitted to the magistra…