HKSAR v. CHU YU MING

DCCC965/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 965 OF 2010

----------------------

----------------------

--------------------------

Reasons for Sentence

--------------------------

1.  Chu Yu-ming, you have been convicted on your own plea of wounding your 82-year-old wife, Lam Ying-yuk, on 13 July this year at your home in Yuet Wah Street in Kwun Tong with intent to cause her grievous bodily harm. At the time of the offence, you were 81 years old and in poor health. It appears from what I have been told that during the time in question, you were spending your days at an old people’s home in Ngau Tau Kok but because you were unable to sleep there, you returned to your home in Yuet Wah Street during the daytime. In recent years, you have not been getting on well with your wife.

(Discussion re interpretation for defendant)

2.  I was saying that in the past years you have not been getting on very well with your wife, and your sons say that at least one of the reasons was because your wife resented your double incontinence and the fact that she had to clear up after you.  There have also been arguments about financial matters.

3.  Now, in June this year, there was an assault incident involving you and your wife, and you were bound over by Kwun Tong Court on 5 July for a period of 4 months.  Now, this offence puts you in breach of that order. 

(Discussion re what the defendant said)

4.  Well, on the morning of 13 July of this incident, your wife saw you putting a large sum of money about $8,000 into your bag before you set off for the old people’s home.  She was worried you might lose the money and so she hid the bag with the money in it.  What you did then was to take a knife in your hand and chop at her face.  She put up her hands to fend off the attack but she did not manage to succeed.  You managed to slash her three or four times.  She begged you to stop and you did so.

5.  You immediately went round to your neighbour who asked you to give her your knife, and you did so.  The neighbour went round to your flat and saw your wife who told her what had happened.  Calls were made to your sons and the police were then called.  Your wife suffered several superficial laceration wounds over her forehead and nose region and several small lacerations over her scalp and right hand.  Fortunately, none of the injuries was serious.

6.  When this matter was last before the court, I was told that your wife had telephoned and said she had forgiven you.  Any assault with a large knife is a very serious matter, but in this case there are a number of significant mitigating factors, in particular, your age 81 and your physical and mental condition.  I have been greatly assisted by the psychiatric reports I have received.  I am prepared to accept the view of Dr Lo Chun-wai that your loss of self-control was related to your depression, your developing dementia coupled with drug abuse.  It was for that reason that I asked for a probation report which should contain recommendations as to what conditions might attach to your residence and what other conditions might be appropriate. 

7.  I have now received that report.  From that report, I have learnt that your son, Chu Suk-wai, has found a suitable nursing home for you in Tseung Kwan O.  A place is available for you at that home and your son intends to arrange for you to stay there.  In view of your present condition, the probation officer does not consider probation would be beneficial to you.  Because of your condition, the probation officer does not think you are likely to commit a similar offence again.  Your son, Chu Suk‑wai, is of a similar view.

8.  Although the probation officer considered that I might consider the option of a suspended sentence, that is not an option available to me under the law as it now stands.  You have already been in custody for a period of four months, and I am informed that your condition has deteriorated during that time. 

9.  In the exceptional circumstances of this case, I do not see the need for your further detention.  What I intend to do therefore is to pass a sentence of 6 months’ imprisonment.  The fact that you have already been detained for four months will mean that you can be released and will be able to go to the nursing home immediately or as soon as arrangements can be made for you to go there.

10.  So the sentence I pass is one of 6 months' imprisonment.