|
DCCC1179/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1179 OF 2010
----------------------
----------------------
Before: |
Deputy District Judge A. Yuen |
Date: |
29 November 2010 at 11.26 am |
Present: |
Mr Chan Lap-yan Winston, SPP, of the Department of Justice, for HKSAR
Mr Kam Yee-wai Andrew, of Messrs Kam & Fan, for the Defendant |
Offence: |
(1) Wounding with intent (有意圖而傷人)
(2) Possession of an offensive weapon in a public place
(在公眾地方管有攻擊性武器) |
--------------------------
Reasons for Sentence
--------------------------
1. You have pleaded guilty to one count of wounding with intent and one count of possession of offensive weapon in a public place.
2. Facts revealed that you and the victim came to know each other in February this year, and became boyfriend and girlfriend. However, your relationship deteriorated and, since August, the victim had indicated that she did not wish to see you again. You had repeatedly asked for a reunion, but in vain.
3. On 24 September this year, at around 11 am, you ambushed the victim outside her premises and attacked her with a one-foot-long knife, resulting in the victim suffering from multiple injuries, including cut wounds at her right index finger, right thumb, left forearm, back and abdomen.
4. The victim had to undergo an emergency operation and hospitalised for a week.
5. You were arrested by police on 26 September on a footbridge in Tai Po. You were found to have an 18-cm-long fruit knife in your possession at the time of your arrest.
6. Under caution, you admitted that the knife was for your self-defence.
7. This is a very serious case of wounding. You attacked a defenceless victim brutally with a fatal weapon. From the way you attacked the victim, it is apparent that the only purpose was to inflict grievous bodily harm to her.
8. Defence submitted that you felt being cheated by the victim. I must stress that it provides you no good reason at all why you should attack the victim.
9. The only mitigating factor in this case is your plea of guilty.
10. You face two charges and, therefore, in sentencing you, I will also take into account the totality principle.
11. For the wounding charge, I will take 4 years as the starting point.
12. Because of your plea, I reduce it to 2 years and 8 months.
13. For the offence of possession of offensive weapon, I will take 6 months as the starting point.
14. Because of your plea, I reduce it to 4 months.
15. The sentences to run consecutively to each other, making a total sentence of 3 years.
|
A. Yuen
Deputy District Judge |
|