28 Jan 2021
香港特別行政區 訴 黃明偉
- Citation
- [2021] HKCFI 170
- Court
- Court of First Instance
- Case number
- HCMA223/2020
The recordings objectively corroborated PW1 that the appellant struck PW1 three times while PW1's hands were cuffed behind his back; the appellant's account was inconsistent with the recordings and environment evidence and therefore rejected; given those facts the prosecution proved the elements of common assault beyond reasonable doubt and the claimed belief in necessity of force was neither factually supported nor reasonable, so the conviction was upheld.