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Saturday, Feb 22, 2025
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Woman who used hairdryer on boyfriend’s private part refused leave for appeal
The Court of Appeal refused to grant leave to an insurance broker’s appeal who was sentenced to 41 months in jail for using a hairdryer on her boyfriend’s private part and poured boiling water onto his thighs.
Mak Hoi-ching, 40, was earlier convicted of four counts of wounding with intent by deputy district court judge June Cheung Tin-ngan for attacking her boyfriend, identified in court as X, who was 30 years old in 2018.
She later filed an appeal to the High Court saying that X was trying to please her and therefore agreed to her behaviors, and therefore the wounds should not be used to convict her.
The defense argued that Cheung reached her verdict because Mak “had a proclivity to engage in sadomasochism” and therefore was more likely to have committed the offenses by reason of her character or propensity.
Judge Kevin Zervos disagreed with the defense’s claim, saying that the background and relationship of Mak and X was “extensively canvassed” during the trial without objection, which is used to determine the credibility of Mak and X.
Cheung carefully analyzed the evidence and decided to accept X’s testimony and rejected Mak’s as to their relationship and dealings with each other, which was not based on the applicant’s “bad character”, according to Zervos.
The defense also complained that Cheung improperly rejected the defense expert evidence of a psychiatrist to prove that X’s injuries were “self-inflicted”.
But Zervos disagreed as the psychiatrist did not meet X in person while there are also no evidence proving that X suffers from any mental problems, including tendency to self-harm, therefore opined that Cheung should not be criticized.
Zervos therefore refused to grant leave to Mak’s appeal against conviction as they are “not reasonably arguable” as the ground of appeal is “devoid of merit”.
Mak, who was 37 at the time, was dating 30-year-old X, who graduated in computer science with a first honors degree, in 2018.
She was earlier convicted of four counts of wounding with intent in the District Court and was jailed for three years and five months in 2020.
The court was earlier told that Mak used a hairdryer on her boyfriend’s private part causing burns, hitting X with a metal chair, stabbing X in his chest with a pair of scissors and pouring hot water on his thighs between May and August 2018 in a flat in Happy Valley.
She later filed an appeal to the High Court saying that X was trying to please her and therefore agreed to her behaviors, and therefore the wounds should not be used to convict her.
The defense argued that Cheung reached her verdict because Mak “had a proclivity to engage in sadomasochism” and therefore was more likely to have committed the offenses by reason of her character or propensity.
Judge Kevin Zervos disagreed with the defense’s claim, saying that the background and relationship of Mak and X was “extensively canvassed” during the trial without objection, which is used to determine the credibility of Mak and X.
Cheung carefully analyzed the evidence and decided to accept X’s testimony and rejected Mak’s as to their relationship and dealings with each other, which was not based on the applicant’s “bad character”, according to Zervos.
The defense also complained that Cheung improperly rejected the defense expert evidence of a psychiatrist to prove that X’s injuries were “self-inflicted”.
But Zervos disagreed as the psychiatrist did not meet X in person while there are also no evidence proving that X suffers from any mental problems, including tendency to self-harm, therefore opined that Cheung should not be criticized.
Zervos therefore refused to grant leave to Mak’s appeal against conviction as they are “not reasonably arguable” as the ground of appeal is “devoid of merit”.
Mak, who was 37 at the time, was dating 30-year-old X, who graduated in computer science with a first honors degree, in 2018.
She was earlier convicted of four counts of wounding with intent in the District Court and was jailed for three years and five months in 2020.
The court was earlier told that Mak used a hairdryer on her boyfriend’s private part causing burns, hitting X with a metal chair, stabbing X in his chest with a pair of scissors and pouring hot water on his thighs between May and August 2018 in a flat in Happy Valley.
