HKSAR v. BLUE CHRISTOPHER

DCCC822/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 822 OF 2011

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

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

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

Reasons for Sentence

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

1.  Defendant, you have pleaded guilty to a single charge of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap.212, Laws of Hong Kong, the particulars being that on 12 June of this year, you, at the Sing Hong Association Training Centre on Castle Peak Road, unlawfully and maliciously wounded the victim, a Madam Chow Yuek Ching, with intent to do her grievous bodily harm.

2.  What happened on the day in question was that you and the victim were inmates of a private rehabilitation centre for mental patients.   You entered the victim’s room whilst she was sleeping in the morning and you chopped her arms, legs and abdomen with a knife that you had previously purchased.  

3.  You said subsequently that you did this as the victim had been speaking ill of you, always laughed at you and said that you were useless.  The victim suffered multiple lacerations to her neck, thigh, abdomen, forearm and wrist and was hospitalised for four days.

4.  I am told that she has now recovered from her wounds, although she has been left with some scarring.  

5.  You are 34 years of age and have a history of mental illness.  Indeed, I have before me two reports from separate psychiatrists who have seen you recently and they both confirm that you are in need of treatment.  Dr Liu confirms that you are suffering from Schizoaffective Disorder whilst Dr Choi remarks that your schizophrenic illness is chronic and serious and not yet in good remission.

6.  Both doctors comment that you have been in the Siu Lam Psychiatric Centre since June of this year, that is, since the commission of the offence, and you have received vigorous anti-psychotic treatment for your illness since then. 

7.  However, despite this the doctors say that for your own protection and the protection of others, further treatment is necessary due to your unstable mental state and violent propensity.  A Hospital Order of between 6 to 8 months is recommended.

8.  Offences such as this are very serious indeed. You have subjected the victim in this case to a dangerous and cowardly assault, which could so easily have had very serious consequences for her.  Under normal circumstances you would be facing an extremely lengthy prison sentence. 

9.  I have taken a considerable period of time to decide how best you be dealt with.  I am now persuaded that a Hospital Order is the best course.  You were ill at the time of the commission of this serious offence, you are still ill now and in need of further treatment.

10.  I make a Hospital Order for 8 months.