Read the full judgment text of HCMA 000792/1998 on BabelCite. This High Court CFI judgment was delivered on 10 March 1999 before Deputy Judge Gill.
Criminal law – common assault – fighting in a public place – self-defence – appellate review – factual findings – bind‑over – sentence severity – Two women involved in altercation in public – security guard observed appellant attacking D2 for 20 minutes – appellant convicted of common assault after D2 acquitted – appeal against conviction on factual findings – appellate court defers to trial judge's findings where no misdirection – conviction upheld – appeal against sentence of bind‑over – attack sustained and appellant has previous similar offending – sentence not too severe, if anything too lenient – appeal dismissed
Legal issues: Appeal against conviction – standard of appellate review of factual findings · Appeal against sentence – severity of bind‑over order
Outcome: Appeal against conviction dismissed; appeal against sentence dismissed. Conviction upheld and sentence confirmed.