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DCCC907/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 907 OF 2010
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Before:
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H H Judge Tallentire
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Date:
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14 October 2010 at 10.52 am
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Present:
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Ms Lisa Go, Public Prosecutor, of the Department of Justice, for HKSAR
Mr Joe Chan, instructed by Tang & Associates, for the Defendant
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Offence:
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Wounding with intent (有意圖而傷人)
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Reasons for Sentence
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1. Defendant, you pleaded guilty to a single offence of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap.212.
2. You admitted the brief facts and I convicted you.
3. Briefly, the facts are these.
4. You rented a unit at Flat 3, 1st Floor, Kan Yip Building, 237 Castle Peak Road, for business. PW1, who is the victim, aged 35, intended to rent Flat 4. The flat shared a common corridor.
5. PW1 went to inspect Flat 4 in the evening of 27 July last. You and PW1 had a dispute over the removal of a neon light in the corridor between the two flats. In the course of this dispute, you kicked PW1 in the stomach, and PW1 pushed you. The dispute appeared to be settled and eventually the parties returned to their respective flats.
6. PW1, however, then made a report to the police and phoned her boyfriend. Whilst PW1 was chatting with her boyfriend, you suddenly entered Flat 4 with a 20-centimetre fruit knife with a blade about 11 centimetres. You pressed PW1 onto the bed, and cut her left shoulder and left face. PW1’s hand was injured trying to ward off the attack. You also chopped PW1 on the left armpit, left shoulder, left thigh and left ankle. You then returned to Flat 3 and threw the knife out of the window.
7. The police arrived and you were arrested, and you admitted attacking PW1 due to a dispute over the light in the corridor.
8. In a subsequent interview under caution, you admitted having a dispute with PW1 and then returning to your flat. You heard PW1 blaming you over the phone, so you took a fruit knife, rushed into PW1’s flat and chopped her. Being frightened, you returned to your unit and threw the knife out of the window. The knife was retrieved from the ground.
9. PW1 went to hospital, where she was found to have the following injuries: a 6-centimetre wound to her left cheek, 6-centimetre wound to her left upper back, 1-centimetre wound to her ankle, 1-centimetre wound to left mid-clavicle, 4-centimetre wound to her shoulder, and a 1-centimetre wound to the joint of the left middle finger, a 3-centimetre wound to the left mid-phalanx of the right finger. All cuts were superficial. PW1 was treated and discharged on 29 July.
10. You are a person of hitherto clear record. In view of the circumstance of the offence and your clear record, I adjourned the case to obtain a probation officer’s background report, two psychiatric reports and a psychologist’s report.
11. The psychologist’s report and the psychiatric reports show that you are not in need of any treatment.
12. Mr Chan, on your behalf, told me that you accepted the contents of the reports.
13. On your behalf, Mr Chan proceeded to enter mitigation.
14. Mr Chan referred me to your difficult background. You had come to Hong Kong, married a man who was irresponsible and wasted the family income on gambling. In desperation and following bad advice, you were driven to prostitution to support your young daughter.
15. He told me the assault occurred because of a long-running dispute between you and another sex worker, who repeatedly removed the neon light, which I take it to be some sort of advertisement of your services. In the course of the last argument, you had lost control upon hearing her blame you to her boyfriend and asking for assistance.
16. Quite properly and helpfully, Mr Chan quoted three paragraphs in the psychologist’s report. In summary, they told me that you are unlikely to repeat this type of offence, you are not by nature a violent person, and that you were remorseful for what you have done. I accept that.
17. Mr Chan has stressed your clear record, your remorse, your plea of guilty, and your wish to go back to caring for your daughter.
18. Mr Chan produced three authorities. With respect, whilst I admire Mr Chan’s diligence, I could not find them to be of any help, the circumstances of each being totally different from what I am dealing with today.
19. I turn now to the sentence.
20. This is a serious assault, in that you deliberately armed yourself with a fruit knife and repeatedly used it to injure the victim. Fortunately, most of the injuries sustained were superficial, non-life-threatening, and did not lead to any lasting disability. This, of course, may be entirely fortuitous.
21. In mitigation, and I do accept there is much mitigation here, I am satisfied this was an isolated incident and that you are not by nature a person of violence, and I refer to the psychologist’s report.
22. I accept also that you are remorseful, that you are of clear record, and you were entirely cooperative and honest with the police when arrested. Your plea of guilty supports your expression of remorse.
23. I also acknowledge the difficult life that you had to face since coming to Hong Kong, and that your decision to enter the sex trade led in large part to the commission of this offence.
24. In short, whilst I cannot condone what you have done, I do have some sympathy for your position.
25. Having said that, this is an offence of such seriousness that only an immediate prison sentence is justified, and I have to say here and now that I agree entirely with Mr Chan the starting point of 3 years is the correct starting point.
26. For your plea of guilty, you will receive one-third discount.
27. Therefore, you will go to prison for 2 years.
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Tallentire |
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District Judge |
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