HKSAR v. KO SHING YUEN AND OTHERS

HCCC 94/2023

[2025] HKCFI 1424

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 94 OF 2023

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REASONS FOR SENTENCE

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1.  In this case, we must respect the verdict of the jury, the effect of which is that the assault in question did not cause the fatal injuries, that is the breaking of the ribs and the rupture of the spleen.

2.  Nevertheless, I take into account that the 22-second video, P137, showed that considerable force was used on the deceased, and from the autopsy report, there were many bruises and abrasions found on the left upper limb of the deceased, which the doctor said could have been caused by the assault. 

3.  I also take into account that the attack was by two attackers on one, and the fact that from the video the deceased appeared to be defenceless.

4.  Taking into account all of the above, I would adopt a starting point of 15 months’ imprisonment. 

5.  I see no distinction between the roles played by the three defendants.  Although the 1^st defendant did not appear to have carried out any of the stepping or the kicking, he encouraged the 3^rd defendant while the 3^rd defendant was doing so by saying “beat harder” or words to that effect. 

6.  So I see no mitigating factor warranting a discount from the starting point of 15 months.  In the circumstances, I sentence each defendant to 15 months’ imprisonment for the offence of AOABH.