HKSAR v. Chu Siu Wai Jovie
Read the full judgment text of HCMA 481/2004 on BabelCite. This High Court CFI judgment was delivered on 25 August 2004.
1. The magistrate heard the evidence of all the witnesses including that of the appellant. He also observed the demeanor of the witnesses when they gave evidence. I have not had that opportunity and this appeal hearing is only based on the transcript which has been transcribed and the magistrate’s Statement of Findings.
Cited by 1 case
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HCMA481/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO.481 OF 2004 (ON APPEAL FROM TWCC 646 OF 2004) --------------------------- BETWEEN
----------------- Before : Hon Nguyen J in Court Date of Hearing : 25 August 2004 Date of Judgment : 25 August 2004 ----------------------- JUDGMENT ----------------------- 1.The magistrate heard the evidence of all the witnesses including that of the appellant. He also observed the demeanor of the witnesses when they gave evidence. I have not had that opportunity and this appeal hearing is only based on the transcript which has been transcribed and the magistrate’s Statement of Findings. 2.I cannot see any ground for saying that the magistrate was wrong to have accepted the evidence of PW1 and PW2, the complainant and a police officer and to have rejected the evidence of the appellant. I can see from the record no lurking doubt about the conviction. The appeal against conviction is dismissed. 3.I grant the appellant leave to appeal against sentence out of time. 4.The appeal against sentence is allowed to the extent that the fine of $1,000 is reduced to $250 which is the maximum penalty provided for in section 28(2) of Cap.228. 5.The balance of the fine already paid, namely $750, is to be refunded to the appellant.
Ms Evelyn Tsang, GC of the Department of Justice, for HKSAR Appellant in person |
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