Mr John P McNamara, instructed by Betty Chan & Co
HCCC 82/2010
HCCC82/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 82 OF 2010
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Before:
Hon Tong J
Date:
14 April 2011 at 2.39 pm
Present:
Mr P Loftus, on fiat, for HKSAR Mr John P McNamara, instructed by Betty Chan & Co., for the Accused
Offence:
Murder(謀殺)
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: The defendant was convicted of manslaughter by reason of diminished responsibility, the victim being his former wife.
For the purpose of sentence, I have obtained several psychiatric reports to clarify the doctors’ various recommendations. In their latest reports, both Dr Tsui and Dr Lui stated that the defendant was still suffering from schizophrenia and a Hospital Order would be appropriate. Their recommendation was not to specify the period of treatment but leave it to the Mental Health Review Tribunal to decide when and under what conditions the defendant could be released. They pointed out that such an arrangement may be more convenient for treatment and conducive to the defendant’s release and integration into the community. Today, defence counsel stated that he had explained the situation to the defendant and he accepted such an order. In the circumstances, for the offence of manslaughter, I shall make a Hospital Order against the defendant for an unspecified period of time.
For the purpose of sentence, I have obtained several psychiatric reports to clarify the doctors’ various recommendations.
In their latest reports, both Dr Tsui and Dr Lui stated that the defendant was still suffering from schizophrenia and a Hospital Order would be appropriate.
Their recommendation was not to specify the period of treatment but leave it to the Mental Health Review Tribunal to decide when and under what conditions the defendant could be released. They pointed out that such an arrangement may be more convenient for treatment and conducive to the defendant’s release and integration into the community.
Today, defence counsel stated that he had explained the situation to the defendant and he accepted such an order.
In the circumstances, for the offence of manslaughter, I shall make a Hospital Order against the defendant for an unspecified period of time.