HKSAR v. Lau Ming Kin Samson

HCMA001078/2000

HCMA 1078/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1078 OF 2000

(ON APPEAL FROM NKCC 3176/2000)

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Coram: Hon Beeson J in Court

Date of Hearing: 22 February 2001

Date of Judgment: 22 February 2001

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J U D G M E N T

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1. The Appellant was convicted of a section 19 Wounding, on 5 October 2000 and sentenced to 3 months' imprisonment. He originally appealed against conviction and sentence but he abandoned his appeal against sentence at this appeal hearing.

2. The ground of appeal is that the Magistrate erred when giving judgment by proceeding to compare the prosecution and defence evidence and rejecting that of the defence. It was submitted that the Magistrate applied the civil standard of proof and failed to consider how the prosecution case looked on its own and whether the defence evidence caused him to have a reasonable doubt.

3. Having considered the Magistrate's reasons given at trial and his subsequent Statement of Findings and Reasons for Sentence, I am satisfied that the Magistrate did not err by applying the civil standard of proof. There is nothing in this ground of appeal and the appeal against conviction is dismissed.

Representation:

Ms Grace Chan, SGC for DPP

Mr P Callaghan, instructed by Messrs Stephan Lo & P Y Tse, for Appellant