Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wounding with intent (s.17)

  • 19 Mar 1997

    R. v. LAM CHI YUNG

    Citation
    R. v. LAM CHI YUNG
    Court
    Court of Appeal
    Case number
    CACC467/1996

    The wounding with intent conviction was quashed because the evidence established a spontaneous blow by another defendant and there was no evidence linking the appellant to that act; the assault occasioning actual bodily harm conviction was upheld on ample evidence; the original training centre detention order was inappropriate once the s.17 conviction was quashed and was replaced by a conditional discharge under s.107 Cap.221 with recognizance for 18 months.

  • 4 Nov 1993

    R. v. HUI MAN LEE

    Citation
    R. v. HUI MAN LEE
    Court
    Court of Appeal
    Case number
    CACC399/1993

    The Court found that the combination of video evidence, eyewitness testimony and medical evidence proved the applicant inflicted the injuries and had the requisite intent on three counts (s.17) and only s.19 on one count; convictions were therefore rightly entered and inevitable; having regard to precedent (R v Lee Wing), the multiple offences against public officers and lack of remorse, the sentence of two years (concurrent) with six months on the lesser count was not excessive and leave to appeal was refused.

  • 7 Nov 1989

    THE QUEEN v. NGUYEN QUANG THONG

    Citation
    THE QUEEN v. NGUYEN QUANG THONG
    Court
    Court of Appeal
    Case number
    CACC244/1989

    The Court held the trial judges' starting point of 4 years was excessive in these cases given the mitigating features (youth, early guilty pleas, limited participation, relatively minor injuries and difficult detention-camp conditions); while deterrence and protection of staff justified custodial sentences, a reduced term of 2 years' imprisonment appropriately balanced mitigation and public interest, and the original 3-year sentences were substituted accordingly.