7 Dec 2022
HKSAR v. CHAN CHEUK HEI
- Citation
- [2022] HKCFI 3584
- Court
- Court of First Instance
- Case number
- HCMA507/2021
The court allowed the appeal and set aside the conviction because the magistrate applied the wrong legal test (treating the offence as assault rather than assessing battery with subjective recklessness), produced internally inconsistent findings as to recklessness across the touches, and failed to give an adequate good character direction; as a result the conviction was unsafe on rehearing.