R. v. KWONG NIM YAN

HCMA001375/1994

MAGISTRACY APPEAL NO.1375 OF 1994

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

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BETWEEN
THE QUEEN Respondent
AND
KWONG NIM YAN Appellant

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Coram : Hon Ryan, J. in Court

Date of hearing : 16 February 1995

Date of delivery of judgment : 16 February 1995

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J U D G M E N T

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1. The appellant was convicted after trial on a charge of criminal intimidation. He now appeals against that conviction.

2. The grounds of appeal are that the magistrate failed to make sufficient findings of fact to entitle him to reach a guilty verdict,or alternatively, that his finding that a threat had been made was contrary to the evidence before the court.

3. The magistrate set out in his Statement of Findings the words said by the victim to have been uttered by the appellant. He rejectedthe evidence of the appellant and he was satisfied on the evidence that he had before him that a threat had been made with the intentto alarm the victim. On the evidence that he had before him, he was perfectly entitled to come to that view.

4. There is nothing in the grounds of appeal that convinces me that I should in any way interfere with what he has done, and accordinglythe appeal is dismissed.

(T.J. Ryan)
Judge of the High Court

Representation:

Mr Arthur for Crown

Mr Sterling Tsu, inst’d by M/s Ricky Li & Co., for Appellant