R. v. CHOW CHUEN KAN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.830 of 1995

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J U D G M E N T

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1. This was an appeal against a conviction for Assault Occasioning Actual Bodily Harm and for a sentence of four months passed therefor.

2. The allegation against the appellant was that he had caused injury to the victim by throwing a bottle at her. The evidence was that the appellant had a disagreement with the victim in a convenient shop at Cheung Fat Estate, as a result of which he tried to hit her with a bottle. He in fact missed her but the bottle smashed against the wall, and when she tried to pick up some of the fragments, she cut her hand.

3. The Crown case clearly was that it was the assault with the bottle which had caused the victim actual bodily injury. The facts did not support the charge. Although the appellant had tried to hit the victim with the bottle, he had missed her, and the resultant cut came from attempts by the victim to pick up the bottle fragments. He was subsequently also alleged to have punched the victim on her face, but that is not the subject matter of the charge.

4. For the reason that the evidence did not support the conviction, I had to allow the appeal.