The Queen v Chow Kit Ming

Court:High Court (Hong Kong)
Judgement Number:HCMA753/1985
Judgment Date:23 Sep 1985
HCMA000753/1985 THE QUEEN v. CHOW KIT MING

HCMA000753/1985

1985 No. 753

(Criminal)

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

Magistracy Criminal Appeal No. 753 of 1985

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BETWEEN

THE QUEEN Respondent

and

CHOW KIT MING Appellant

__________

Coram: Hon. Hooper, J. in Court

Date of Hearing: 23rd September 1985

Date of Reasons for Judgment: 23rd September 1985

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REASONS FOR JUDGMENT

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1. The appellant appealed against his sentence of 2 months' imprisonment in respect of one charge of 'Common Assault'. He had pleaded guilty in the Magistrate's Court at Causeway Bay.

2. The appellant, who was unrepresented when he appeared before the Magistrate, admitted facts in the following terms:

"

At approx. 1800 hours on 5.7.1985, P.W.1 was driving his private car CZ 9251, along Aberdeen Tunnel Flyover heading for Aberdeen Tunnel. In reaching near the Hong Kong Jockey Club Administration Building, P.W.1 was intercepted by a private van CS 528, which was driven by deft. Eventually, both vehicles stopped on the flyover near the Aberdeen Tunnel entrance. Deft got off from his van and approached P.W.1. Deft accused P.W.1 of cutting into the lane on which his van was travelling near the Cross Harbour Tunnel Kowloon Entrance and causing inconveniences to deft. Deft then dragged P.W.1 out from his car and beat P.W.1 up with his bare fists.

2. At this juncture, P.W.2 on static post duty nearby. He went over to the vehicles to have a look and eventually called for police. P.W.3 arrived at scene shortly afterwards and brought the deft to Happy Valley Police Station for enquiry.

3. P.W.1 was subsequently sent to Tang Shiu Kin Hospital for medical treatment and as found to have sustained "Contusion over his forehead, face, chest and both upper limbs (please see exhibit).

4. After police enquiry, deft was charged with 'Common Assault' on 8.7.1985."

3. The Appellant, who had a clear record had nothing to say in mitigation and the learned Magistrate then passed the sentence of 2 months' imprisonment.

4. Counsel for the appellant whilst accepting that the facts revealed a serious offence of 'Common Assault' , nevertheless urged me to hold that the 2 months' term was too severe in all the...

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