Ma Yiu-hung and Another v. The Queen
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CACC000067/1977
Coram: Briggs, C.J. Date of Judgment: 26th February, 1977. ----------------- JUDGMENT ----------------- 1. The two appellants were found guilty of common assault. They were each put on probation for two years and ordered to pay $750 compensation to the complainant and $500 costs. 2. The magistrate ordered the complainant should be compensated to the extent of $1,500. In the record I can find nothing to support such an award. The appellant was treated for bruises in hospital and was immediately discharged. And he was largely the author of his own misfortune. 3. In this case, the facts showed that there was a quarrel between some young persons on a housing estate. The evidence called by the prosecution, particularly so far as it concerns the second appellant, was inconsistent. However, the magistrate took this into consideration when he arrived at his verdict. In view of these inconsistencies I do not think that the conviction of the second appellant can be sustained. There was evidence that the second appellant was present at the scene of the assault and indeed that he came at the call of the first appellant to that place, but the evidence stops there and he himself gave a reasonable explanation of his actions at that time. 4. I therefore allow the appeal against conviction of the second appellant and the sentence imposed upon him will be set aside. 5. There was evidence that the first appellant did assault the complainant, evidence which, if believed, warranted his conviction for common assault. As to the sentence passed upon the first appellant, there is this to be said. I have a very strong opinion that this was in fact a trivial incident and that it has been very much blown up in court. The appellants came off second best in the incident and the first appellant had to be treated for bruises and abrasions. 6. I think, in the event, that justice will best be done if I substitute for the sentence imposed on the first appellant an order for an absolute discharge, which means that no conviction will be recorded against him. If the sums which were ordered to be paid by the appellants as compensation and costs have already been paid, these sums must be returned to the appellants.
Representation: van Buuren (K.M. Lai & Li) for appellant. Hodge for crown. |