HKSAR v. WONG CHI CHOI

 DCCC942/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 942 OF 2009

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Reasons for Sentence

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1.  The defendant pleaded guilty to a wounding-with-intent offence. Coincidentally, I have dealt with this defendant from his date of arrest and the first appearance in Kwun Tong Magistracy, and at that time I called for psychiatric reports to see if the defendant was fit to plead. So I was fully aware of the defendant’s background some time ago.

2.  I will refer briefly to the facts. The defendant has known the victim for many, many years. This year, on 21 June, as the victim was walking home, the defendant approached him and chopped him without saying a word with a chopper. The victim received a chop wound to his left forearm and his face and back. Both the victim and the defendant fell to the ground. The police were called immediately. The chopper was taken away from the defendant.

3.  Under caution, the defendant told the police that he wanted to chop the victim because he had found somebody to make love to his daughter-in-law. This was completely untrue, according to the defendant’s family members, but that is what the defendant believed. Clearly, that belief stems from the fact the defendant is suffering from a delusional disorder and is possibly in the early stages of senile dementia.

4.  Before I go into the defendant’s health, I will refer to the victim’s injuries. Luckily, he has fully recovered. He did receive four stitches to his face and three stitches to his forearm. According to the medical report prepared, the wounds have healed well and he has no permanent disability.

5.  Now, the defendant himself is now 80 years old. He is a widower. His wife passed away some years ago. He lives with his elder son but has many children. His family are very supportive. Most of them have been in court at every court appearance. I have a letter of mitigation written by the defendant’s children. They have expressed their love and support for him. There is also a letter from a social worker from the Society of Rehabilitation and Crime Prevention, asking for leniency on the defendant’s behalf and the family’s behalf.

6.  An offence of this nature would normally attract an immediate custodial sentence. The defendant has been in custody for many months now, and I hope in this adjournment period he has been receiving some psychiatric help. I have before me two up-to-date psychiatric reports. Not only is the defendant suffering from physical ill health, for example, renal impairment, anaemia, hypertension and a host of other medical problems but both psychiatrists are of the view the defendant is suffering from a mental illness. In fact, he is still to date suffering from prominent delusions against the victim. Both are of the view that this defendant has a delusional disorder and indeed is in the early stages of senile dementia. Both recommend the defendant be committed to Siu Lam Psychiatric Centre under section 45 of the Mental Health Ordinance, in effect a hospital order for a period of time.

7.  I have balanced the need to punish the defendant against the facts of this case, for example, the injuries received and the recovery of the victim. There are many factors that allow me to depart from the normal custodial sentence. For example, the defendant’s age, his previous clear record, his health conditions and the reasons that led to this offence are clearly health-related, in particular mental-health-related, and most importantly, the two psychiatrists’ recommendations and findings.

8.  Not only are the defendant’s family aware of his problems. He now has psychiatric help. He now will be given psychiatric help which he did not previously have. So I will not consider an immediate custodial sentence but consider the recommendations of the reports.

9.  According to the reports and doctors’ recommendations, I will for this offence sentence the defendant to a hospital order under section 45 of the Mental Health Ordinance for a period of 3 months. Yes, you will live at Siu Lam. You will live at Siu Lam for 3 months and, hopefully, after that, you will go home or go back to the care of your family. Now, of course for your physical problems, you will also receive treatment.