Wong Shuk-yee v. The Queen

CACC000060/1979

Coram: Briggs, C.J.

Date of Judgment: 10 February 1979

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JUDGMENT

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1. The appellant was found guilty of common assault and fined $100.

2. The facts are simple. The appellant worked in a firm called Beautiful Enterprises in San Po Kong. Her contract of employment was for three months on probation. She wanted to take some leave but this was refused by the firm because she was on probation. The complainant, her supervisor, conveyed that information to the appellant. Later, the appellant appeared with two men who were not employees of the firm. One of the two men interfered in the dispute between the appellant and the supervisor, and the other used objectionable language to the supervisor. There was then a slight fracas between one of the men and the supervisor, but it is a fact that the appellant never touched the supervisor. The magistrate was aware of this and in his Statement of Findings he says: "The only complaint against the appellant was that she was very fierce." However, he goes on to say that when the supervisor left the scene of the fracas the appellant ran after her, and he found that this was evidence showing that the appellant was taking an active part in the incident.

3. To my mind, this is still not sufficient evidence of assault by the appellant on the supervisor, whom she never touched. In the event, therefore, this appeal must be allowed, the conviction quashed and the sentence set aside. The fine, if paid, must be returned to the appellant.

Representation:

Appellant in person.

Ingham for the Crown/Respondent.