HKSAR v. LIU KEUNG

DCCC367/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 367 OF 2010

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Reasons for Sentence

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1.  Liu Keung, you have been convicted on your own plea of the offence of causing grievous bodily harm with intent to cause grievous bodily harm.

2.  The offence occurred in Lai Chi Kok Reception Centre on 31 August last year, where you were detained pending trial on a charge of conspiracy to rob and unlawfully remaining in Hong Kong.

3.  During a few days prior to the current offence, you had been sharing a cell with the victim, who was a mainlander who had unlawfully entered Hong Kong and committed a burglary.  When you entered a plea of guilty to this offence on 2 September 2010, you admitted that on the day of the offence you had rushed up to the victim as he was coming out of the bathroom after a shower.  You kicked him on the right thigh, causing him to fall to the ground.  You then proceeded to punch his head with both your fists until you were restrained.

4.  As a result of your assault, the victim sustained a serious injury to his right hip.  The neck of his right femur suffered a displaced fracture.  He was admitted to Queen Elizabeth Hospital where he was operated upon and only discharged 11 days later.  Thereafter, he has been regularly assessed at the Orthopaedic Clinic of Queen Elizabeth Hospital.

5.  Over six months later, on 12 March this year, although the hip fracture had by then healed and he was walking unaided, he was still suffering from mild hip pain.  On 10 September, his injury was again reassessed.  He was still suffering from mild hip pain.  Although there are no signs of avascular necrosis at present, that cannot be ruled out.  If so, it will result in a lasting disability and may require a hip replacement.

6.  Any assault by one prisoner upon another is a serious matter.  This offence was particularly serious not simply because it caused the victim really serious bodily harm but because you have admitted that you intended to do so.

7.  I have heard evidence today both from the victim and from you as to what preceded the assault.  His evidence is that apart from you asking him to wash his face more quickly earlier on that day, he could not think of any reason for you to assault him.

8.  Your evidence is that for some reason of which you are not clear he had threatened you three times earlier that day.  The first two occasions had been while you were working and you had not paid much attention.  The last occasion was when you were going down to have a shower and you said that he threatened to assault you.  Your evidence is that after you had both had a shower and were fully dressed, out of momentary impulse you had lost your self-control and assaulted him without thinking.  You admitted it had nothing to with protecting yourself.

9.  I do not know where the truth lies as to what preceded this assault.  Even if your evidence is correct it provides no justification for taking matters into your own hands and assaulting the defendant.  Some time had elapsed since you claimed he had last threatened you.  You could easily have reported any threat to a Correctional Services officer.  You were in no immediate danger.  In your own words, you simply lost control of yourself.

10.  The sentence of the court must make it clear that this sort of conduct in a Correctional Services institution is completely unacceptable. 

11.  I am satisfied that a starting point of 3 years’ imprisonment is appropriate in this case.  In settling upon that starting point, I bore in mind that no weapon was used.  If it had been, a higher starting point would have been appropriate.

12.  You pleaded guilty and are therefore entitled to the usual discount of one-third, resulting in a sentence of 2 years’ imprisonment.

13.  I have to decide what the totality of the sentence you will serve should be, bearing in mind that on 7 May this year you were sentenced to a total of 4 years, 10 months’ imprisonment.  A fact I also bear in mind is that this offence occurred while you were still on remand awaiting trial for the offences for which you were sentenced on 7 May.

14.  In all the circumstances, I am satisfied it is appropriate that 18 months of the 2-year sentence I impose upon you should run consecutively to the sentences you are now serving.

15.  The sentence of the court is 2 years’ imprisonment, 18 months of which are to run consecutively to the sentences you are now serving.