Kwong Yue Leung v. The Queen
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CACC000980/1978
Coram: Zimmern, J. Date of Judgment: 31st October, 1978. ----------------- JUDGMENT ----------------- 1. The appellant in this case was charged with first assaulting occasioning bodily harm with others not in custody Wong Chun-wah and second Kwei Chun-ming. The two victims gave evidence in court that they were assaulted by several people and that the appellant had assaulted Kwei Chun-ming. 2. The learned magistrate rejected the evidence of the two victims considering their evidence unreliable. However the appellant was alleged to have made a voluntary statement to a police officer wherein he said "At that time I did not take part in the fight but kept watch at the scene." He was discharged on the 1st charge and was convicted of aiding and abetting common assault on the 2nd. The appellant when giving evidence said that he was present at the scene but he was in that area because he was looking for a friend. 3. Before admitting his statement the learned magistrate did not appear to have explained the issue to the defendant and only asked if the defendant had any objection. He nevertheless convicted the appellant of aiding and abetting apparently solely on the words "I kept watch". In his statement of findings the magistrate said he was satisfied that the associates of the appellant and he (the appellant) himself took part in assaulting both victims. Having rejected the evidence of the 2 victims there was no evidence to support this finding. 4. In my view the verdict was both unsafe and unsatisfactory, the conviction is quashed and the sentence set aside. Representation: Paul Fok (George Liang & Co.) for the Appellant Stock for Crown |