Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wounding with intent to cause grievous bodily harm

  • 27 Nov 1986

    THE QUEEN v. WONG NGAR LUN

    Citation
    THE QUEEN v. WONG NGAR LUN
    Court
    Court of Appeal
    Case number
    CACC395/1986

    Convictions quashed because the evidence, including the appellant's cautioned statement, did not prove beyond reasonable doubt that he knew the others had weapons or shared an intention to cause grievous bodily harm, and therefore lacked the requisite mens rea for the offences charged.

    • Wounding with intent to cause grievous bodily harm
    • Cautioned statement
    • Knowledge and intent
    • Joint enterprise liability
    • Quashing of conviction

  • 10 Feb 1975

    YIP CHI-HUNG AND ANOTHER v. THE QUEEN

    Citation
    YIP CHI-HUNG AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1112/1974

    The Full Court held the original sentences were manifestly excessive in the light of (a) the need to assess the offence on its actual character rather than over-emphasising the original attempted murder charge, and (b) comparative sentencing considerations and mitigation; it substituted reduced terms of five years for the first appellant and six years for the second, the one year differential properly reflecting the first appellant's surrender and cooperation with police.

    • Wounding with intent to cause grievous bodily harm
    • Mitigation and aggravation in sentencing
    • Appellate interference on sentence

  • 15 Aug 1972

    PANG SZE TUNG v. THE QUEEN

    Citation
    PANG SZE TUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC452/1972

    The sentences were upheld because the sentencing judge properly considered relevant mitigating factors (age, first offending, injury), applied concurrent sentences and there were no grounds to interfere; therefore leave to appeal against sentence was dismissed.

    • Sentence review
    • Concurrent sentencing
    • Mitigation (age, first offender, injury)
    • Wounding with intent to cause grievous bodily harm

  • 20 Mar 1971

    SO PING-KUEN v. THE QUEEN

    Citation
    SO PING-KUEN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC574/1970

    The appeal was dismissed because the jury could reasonably have accepted the appellant's cautioned statement admitting stabbing and rejected the deceased's dying declaration about the fatal blow; given expert evidence that death was due to a blunt instrument or a fall, the jury could logically acquit of murder (no proof appellant caused the lethal blow) yet convict of wounding with intent to cause grievous bodily harm; inclusion of a lesser alternative count was permissible though Crown counsel should have explained its purpose to the jury, and the verdict was not disturbed as it was reasonab…

    • Murder
    • Wounding with intent to cause grievous bodily harm
    • Dying declaration
    • Cautioned statement
    • Common intention
    • Inconsistent jury verdicts