HKSAR v. AO XUAN-JIA

DCCC 1019/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1019 OF 2012

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Reasons for Sentence

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1.  The defendant pleaded guilty to one charge of wounding with intent, contrary to section 17(a) of the Offences Against the Persons Ordinance, Cap 212.

2.  The victim in this case was a fellow resident of the Ming Sum Home in Yuen Long.  This Ming Sum Home is a rehabilitation centre for people who suffer from mental illness and incapacitation.

3.  From the facts and the reports I have seen, on the offence date, 25 August 2012, the defendant became very angry with the victim because he believed that the victim damaged his playing cards and stole some of his cigarettes.  He attacked the victim in a bedroom.  He pushed him onto a bed, reached for a pen and stabbed at the victim’s face several times. In particular, he stabbed at the victim’s eye area.  Another resident who witnessed the incident tried to stop the defendant.  The matter was reported to the police.  When the defendant was arrested, he made a full admission.

4.  As a result of the attack, the victim suffered lacerations on the lower eyelids of both eyes.  I have seen a photograph of the victim and his injuries.  As I can see from the photograph, luckily, the victim has not suffered any permanent injury from this attack.

5.  After the defendant pleaded guilty, I was informed that he was not a man of clear record.  He had many previous convictions.  From the record of the defendant, it does not show any history of violent or, rather, does not show any convictions involving violence.  

6.  In November, the courts obtained psychiatric reports, and upon the defendant’s plea, I called for updated psychiatric reports.  And the reports reiterate the defendant’s background.  He is 47 years old, born in Vietnam but when he was 16, came to Hong Kong and lived for some time in a refugee camp.  He did have a history of employment but because of a drug habit he developed, he has had no stable employment for years.  The defendant developed a heroin drug habit, and as a result of that and complications, he has had to have one lower leg amputated.  And perhaps as a result of his drug dependence and history, he has developed psychiatric problems.

7.  Two psychiatrists say that in the past, he has been diagnosed with schizophrenia and is likely to be suffering from possible personality deterioration as well as having an emotional, unstable personality disorder.  The defendant does have insight into his problems and does agree to take medication. Both psychiatrists are of the opinion that no inpatient psychiatric management is necessary at the moment.  Both recommend that he continues with outpatient psychiatric treatment.

8.  Counsel for the defendant is quite right that there are no guidelines for this offence.  Sentence will depend on the facts of each individual case.  However, an offence of this nature should and will attract a custodial sentence.  I will take into account the fact that despite the attack, the offence being serious, the victim luckily has not suffered permanent injury.  I will also take into account that there is no evidence the attack was premeditated.  I will also take into account the defendant’s mental illness and the fact he is willing to continue to receive treatment.  The defendant’s best mitigation is his plea of guilty.

9.  Having taken all those factors into account, I consider a starting point of 3 years’ imprisonment appropriate.  The defendant is entitled to a discount of one-third for his plea.  After this discount, the defendant is accordingly sentenced to 2 years’ imprisonment for this offence. 

10.  I make an order that the defendant continue to receive psychiatric treatment whilst serving this sentence.  Do you understand that sentence?

DEFENDANT: Understand.