HKSAR v. LIU HENRY HAN YUN

DCCC 468/2022

[2022] HKDC 1014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 468 OF 2022

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REASONS FOR SENTENCE

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Charges

1.  D pleads guilty to section 19 wounding (Charge 1)  and assault occasioning actual bodily harm (Charge 2).

Facts

2.  At around 1:30 p.m. on 15 January 2022, PW1 (aged 54)  and his wife PW2 (aged 53)  were not acquainted with D.  At a bus stop on D' Aguilar Street, Central PW1 noticed D not wearing a face mask and was smoking on the street. When PW1 was around 3 feet from D, they made eye contact. D then suddenly threw the cigarette on the floor, took out a ball pen and pointed the ball pen towards PW1. D approached PW1 and said to him “I know Kung Fu”. He then poked PW1’s chest and neck with the ball pen and punched PW1’s head. PW1 lost his balance and fell onto the ground. 

3.  PW1 stood up and tried to grab hold of D’s hand to prevent further attack, meanwhile D kept using the ball pen to poke PW1’s chest and neck. D also hit PW1’s head with his hands. During the struggle, both D and PW1 fell onto the ground, with PW1 wanting to grab hold of D’s hands but D resisted and scratched PW1’s head and chest and poked PW1’s body.

4.  PW2 tried to stop D, who then used the ball pen to poke PW2’s right calf and pushed her onto the ground. The incident was witnessed by PW3, a customer at the nearby convenience store. PW3 tried to stop D but to no avail. PW3 then made a report to the police.

5.  Shortly afterwards, the police arrived at the scene and arrested D. Under caution, D stated that he had acted out of self-defence.

6.  In a subsequent video-recorded cautioned interview, D claimed that PW1 stared at him, walked towards him and hit him. He asked PW1 to let him go, but PW1 did not listen. PW1 grabbed him so he resisted to protect himself.

7.  PW1 and PW2 were admitted to the Department of Accident and Emergency of Queen Mary Hospital. PW1 was found to have suffered from 3 cm x 2 cm skin loss and abrasion over forehead, left face tenderness and swelling, shallow right neck laceration around 7 cm, and right thigh shallow laceration around 7 cm. Radiograph of left zygomatic arch showed suspicious cortical break over left zygomatic arch. 4 stitches were applied to his right neck wound.

8.  PW2 suffered from small 3 mm abrasion on her left elbow and a 12 cm long linear abrasion on the inner side of her right calf.  There was mild tenderness on her left buttock.

9.  CCTV of the convenience store captured D using his hands to punch PW1 while they were struggling on the ground. PW2 tried to separate D and PW1. D kicked PW2. Some passersby tried to separate D and PW1 and later held D down on the floor.

Mitigation

10.  D is 25 years of age.  He has a clear record.  He was a visitor to Hong Kong.  According to the psychiatric reports of him in February 2022 for assessment of his fitness to plead ordered in the magistracy, he is fit to plead.  The same reports stated that he claimed he was born and brought up in U.S.A.  He graduated from the university there.  He went to work in China about 7 years ago before coming to Hong Kong to take care of his paternal grandmother.  He failed to contact her here and lived on the streets for several weeks.  He was offered a dormitory in Kowloon by the welfare worker two days prior to the present offences. 

11.  The psychiatrists were of the view that he suffered from a mental disorder presented with elated mood and inflated self-esteem.  He was in need of in-patient treatment in a mental hospital. 

12.  His solicitor points out that there is no tariff sentence for the present offences.  D has so far been detained for 8 months (equivalent to 12 months if fully remitted for good behaviour).  He asks for a sentence to enable D to be released as soon as possible so that he can return to U.S.A.

Sentencing

13.  I take 18 months as the starting point for Charge 1.  After the one-third discount for the plea of guilty, the sentence is 12 months. 

14.  I take 12 months as the starting point for Charge 2.  After the one-third discount for the plea of guilty, the sentence is 8 months.

15.  I consider the totality principle and order the sentences to be served concurrently.