The Queen v. Ng Poon

HCMA001073/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1073 OF 1995

------------------

-------------------

Coram : Hon. Duffy, J. in Court

Date of hearing : 14 December 1995

Date of handing down judgment : 19 December 1995

----------------------

J U D G M E N T

----------------------

1. This was an appeal against a conviction for assault occasioning actual bodily harm and a suspended sentence of 3 months therefor.

2. As the decision of the learned Magistrate was based purely on his assessment of the credibility of the witnesses involved, and as I could find no error in the manner of his approaching his decision, I could not interfere with it. I dismissed the appeal against conviction.

3. On the matter of sentence, I was persuaded that a fine was an adequate penalty in the present case. There are no guidelines in these matters, but I felt that unless it was absolutely necessary to impose a custodial sentence, that should not be done. I therefore substituted a fine of HK$8,000 for the 3 month suspended sentence. I gave 7 days to pay. The appeal was allowed accordingly.

Representation:

Mr Johnny Chan, C.C., for Crown

Mr Paul Wu (M/s T.C. Lau & Co) for Appellant