Hong Kong Case Law

香港特別行政區 訴 段賢熾

Court

District Court

Case number

DCCC1090/2024

Although the defendant is currently unfit to stand trial under s75, the court accepted the credible evidence of PW1 and corroborating police photographs and found beyond reasonable doubt on the s75A hearing that the defendant on the incident date intentionally struck PW1 multiple times with a metal cane causing injury and recklessly placed fabric on a stove causing fire and property damage, thereby proving the acts constituting the charged offences.

Source excerpt

• Wounding with intent
• Assault causing actual bodily harm
• Arson
• Fitness to plead
• Section 75 and 75a criminal procedure ordinance
• Evidence and witness credibility

Read case analysis

HKSAR v. GURUNG ROYAL

Court

Court of Appeal

Case number

CACC38/2024

The Court of Appeal refused leave to appeal against conviction in a robbery and wounding with intent case, finding the forensic evidence and jury directions sufficient.

• Robbery
• Wounding with intent
• Identification evidence
• Dna evidence
• Fingerprint evidence
• Jury directions

Read case analysis

香港特別行政區 訴 李茵茵

Court

Court of Appeal

Case number

CACC237/2023

The single-judge refused leave to appeal because the trial judge did not err in principle nor impose a manifestly excessive sentence: the offences were serious, the applicant actively participated in group violence and later disposed of shoes to defeat identification, mitigating factors (including volunteer service and some provocation) were insufficient to outweigh aggravating features, and the totality principle supported the cumulative sentence of five years six months.

Source excerpt

• Wounding with intent
• Riot
• Perverting the course of justice
• Sentencing principles
• Destruction of evidence
• Private retribution (vigilantism)

Read case analysis

香港特別行政區 訴 彭炳堃

Court

Court of Appeal

Case number

CACC69/2024

The Court refused leave because the trial judge lawfully and reasonably accepted the prosecution case, properly rejected the appellant's self-defence account on the evidence (victim testimony, CCTV and confession), and imposed a sentence that was within the appropriate range given the use of a knife, the seriousness of the injuries and the applicant's background; no arguable error of law or principle was shown on appeal.

Source excerpt

• Wounding with intent
• Self-defence
• Use of deadly weapon
• Credibility assessment
• Sentence review
• Application for leave to appeal

Read case analysis

香港特別行政區 訴 徐俊傑

Court

District Court

Case number

DCCC329/2022

The court found the legal representatives credible and supported by contemporaneous signed instructions, the defendant's evidence was inconsistent and unreliable, medical evidence did not show incapacity to the requisite degree, and there was sufficient time and explanation; consequently the plea was voluntary and informed and there was no proper basis to exercise the court's discretion to allow withdrawal — the application to overturn the guilty plea was dismissed.

Source excerpt

• Riot
• Wounding with intent
• Withdrawal of guilty plea
• Voluntariness of plea
• Adhd and capacity
• Legal representation

Read case analysis

HKSAR v. ARIF AQIB AND ANOTHER

Court

Court of Appeal

Case number

CACC223/2020

The Court of Appeal held the jury were misdirected on joint enterprise and accessorial liability, quashed the convictions of both appellants, and ordered a retrial.

• Murder
• Wounding with intent
• Joint enterprise
• Accessorial liability (aiding and abetting)
• Jury directions
• Identification evidence

Read case analysis

HKSAR v. DA SILVA SANTOS ALEXANDRO

Court

Court of Appeal

Case number

CACC83/2023

The Court of Appeal refused bail pending appeal after holding the conviction appeal was not reasonably arguable; CCTV and admissions undermined self-defence.

• Self-defence
• Wounding with intent
• Bail pending appeal
• Evidence (cctv and admissions)
• Bail-pending-appeal
• Wounding-with-intent

Read case analysis

香港特別行政區 訴 周衍龍

Court

District Court

Case number

DCCC714/2021

The court exercised its discretion in the interests of justice to allow D1 to change his pleas on counts 2 and 3 from wounding with intent (section 17) to assault occasioning actual bodily harm (section 19) because D1's affidavits and counsel's admissions showed the earlier plea was entered with an over-focus on sentencing rather than facts and counsel had not adequately explored the merits of a lesser plea; the prosecution retains the right to accept or reject the amended pleas, and if rejected the court will proceed to trial to determine guilt.

Source excerpt

• Wounding with intent
• Assault occasioning actual bodily harm
• Withdrawal/alteration of guilty plea
• Judicial discretion
• Section 17 offences
• Section 19 offences

Read case analysis

HKSAR v. TUNG PAK FAI

Court

Court of Appeal

Case number

CACC231/2021

留意到本案涉及一宗蓄意持刀襲擊案，被告就刑期申請上訴許可被拒。上訴庭認為12年起點並非明顯過重，因預謀、武器及行為嚴重。

• Wounding with intent
• Wounding
• Sentencing starting point
• Aggravation and mitigation
• Premeditation
• Wounding-with-intent

Read case analysis

HKSAR v. MAK HOI CHING also known as MAK CARMEN KA MAN and MAK KA MAN

Court

Court of Appeal

Case number

CACC190/2020

The Court of Appeal refused leave to appeal against convictions for four counts of wounding with intent, rejecting propensity and expert-evidence complaints.

• Wounding with intent
• Propensity/bad character evidence
• Expert psychiatric evidence
• Credibility assessment
• Self-inflicted injury
• Leave to appeal

Read case analysis