R. v. TSE KWONG WANG

IN THE HIGH COURT

1997, No. MA 68

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J U D G M E N T

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Mayo, J.A.:

1. The appellant appeals against his conviction for common assault. The alleged offence arose out of a dispute between the appellant who is a taxi driver and the victim who is a traffic warden. She was the only prosecution witness at the trial before Mr Brennan. According to her testimony she indicated to the appellant that he should 'move on'. She then issued tickets to two other taxi's in the vicinity which were unoccupied and she returned to the appellant's taxi which was still in the same position as it had been when she had first seen it. She decided to issue a fixed penalty ticket. Initially the appellant refused to receive it. She therefore attempted to affix it to the windscreen of the vehicle. The appellant started to shout at her and abuse her. He followed her and struck her on her hand with the keys he was holding.

2. One of the main issues which was raised by the defence was that the traffic warden admitted in her evidence that she had not actually seen the appellant's hand coming into contact with her hand.

3. The appellant who gave evidence accepted that there had been a dispute. He denied however that he had assaulted the traffic warden.

4. In the detailed grounds of appeal Mr Szeto treats all of the evidence from every conceivable angle. However at the end of the day this case boils down to a question of credibility. The magistrate was impressed with the evidence of the victim and he rejected the critical part of the appellant's evidence.

5. I can see no ground to interfere with this finding of fact.

6. This appeal is dismissed.