24 Dec 2025
香港特別行政區 訴 蔡國健
- Citation
- [2025] HKCFI 6370
- Court
- Court of First Instance
- Case number
- HCMA105/2024
重審後法院確信控方憑PW1及PW2之可信證供、客觀醫療報告與相片證據，以及上訴人自願之口頭招認及補錄警誡供詞，已在毫無合理疑點下證明兩項控罪要素；裁判官對辯方證人之不接納屬合理可信之裁量，故駁回上訴並維持定罪與刑罰。
Hong Kong Case Law
Wounding
11 Apr 2025
香港特別行政區 訴 羅浩然
- Citation
- [2025] HKCFI 1472
- Court
- Court of First Instance
- Case number
- HCMA153/2024
On full re‑hearing the court accepted the prosecution witnesses as clear, consistent and corroborated by medical evidence and contemporaneous accounts; the trial judge permissibly rejected the appellant's inconsistent accounts and the expert evidence was not probative on the central issues; therefore the evidence proved each of the three offences beyond reasonable doubt and the convictions must be upheld.
8 May 2024
香港特別行政區 訴 陳真
- Citation
- [2024] HKCA 401
- Court
- Court of Appeal
- Case number
- CACC60/2022
The Court admitted the fresh evidence of substantial compensation and concluded that, while the individual starting points for the violent offences were not manifestly excessive and therefore were maintained, the trial judge had not erred in principle in fixing those starting points but had under-weighted the mitigation effect of the appellant's substantial settlements. Applying the totality principle the Court reduced the overall sentence by 12 months. The Court ordered counts 1 and 2 to run concurrently (7 years) and counts 3 and 4 to run concurrently (7 years) with the two concurrent terms…
21 Feb 2024
HKSAR v. AU CHUN FOO
- Citation
- [2024] HKCA 169
- Court
- Court of Appeal
- Case number
- CACC125/2023
The court held the judge properly reduced the guilty plea discount to 25% because the applicant's absconding produced consequences (late plea, delay, wasted resources and need for rearrest) that justify a reduced discount and do not amount to double punishment; additionally the wounding was an aggravated gang attack warranting a starting point near the top of the scale and consecutive sentences were properly imposed, so the application for leave to appeal against sentence was refused.
6 Oct 2022
HKSAR v. TUNG PAK FAI
- Citation
- [2022] HKCA 1470
- Court
- Court of Appeal
- Case number
- CACC231/2021
Leave to appeal was refused because the judge correctly applied established principles: the offender's clear intent to inflict really serious harm, detailed premeditation, carrying multiple knives, targeting the chest with potential fatal consequence and persistence in holding the weapon rendered a 12‑year starting point and resulting 9‑year sentence (after discount) not manifestly excessive; the limited injuries were fortuitous and did not undermine culpability.
19 Jul 2022
HKSAR v. TSUI WING CHUEN
- Citation
- [2022] HKCFI 2062
- Court
- Court of First Instance
- Case number
- HCMA126/2022
The conviction was unsafe because the magistrate relied on unsupported speculation to explain the appellant's injuries and failed adequately to address or exclude the properly raised issue of self-defence; the prosecution did not negative self-defence beyond reasonable doubt, therefore the appeal is allowed and the conviction/sentence set aside.
19 Apr 2022
HKSAR v. KWONG SIDNEY SYI RAN
- Citation
- [2022] HKCFI 975
- Court
- Court of First Instance
- Case number
- HCMA319/2021
The appeal was dismissed because the magistrate lawfully and reasonably concluded on the evidence (including CCTV) that although the appellant may have had an honest belief justifying the initial contact, the subsequent multiple punches and kicks were neither necessary nor reasonable and therefore self-defence failed; there was no error in law or fact in the magistrate's findings, so the conviction is safe.
3 Sept 2021
HKSAR v. CHAN HIU KEI CHRISTIE
- Citation
- [2021] HKCFI 2538
- Court
- Court of First Instance
- Case number
- HCMA102/2020
Given the crowded scene and CCTV indicating the complainant continued to approach the appellant, the appellant honestly believed it was necessary to use force and believed the force used was reasonable; the prosecution did not exclude self-defence beyond reasonable doubt and the conviction was therefore unsafe and quashed.
2 May 2017
香港特別行政區 訴 周祖沙
- Citation
- 香港特別行政區 訴 周祖沙
- Court
- Court of First Instance
- Case number
- HCMA45/2017
The trial judge's acceptance of the complainant's credible, direct evidence supported by the medical report was reasonable and not vitiated; therefore the conviction was properly upheld. However, considering the minor nature of the dispute, the complainant's relatively minor injuries and the appellant's age and antecedents, the appropriate sentence was reduced from 9 months to 7 months' imprisonment.
26 Aug 2014
HKSAR v. CHAN LEK SUN also known as CHAN LEK KAN
- Citation
- HKSAR v. CHAN LEK SUN also known as CHAN LEK KAN
- Court
- Court of Appeal
- Case number
- CACC188/2014
The sentences were upheld because the offences were particularly serious and premeditated, committed by multiple armed attackers in a concerted attack in a public place; the judge's choice of a seven-year starting point per count, application of a one-third discount for guilty pleas, and ordering of concurrent terms produced sentences that were not manifestly excessive.