HKSAR v. LI KWAN

HCMA 1186/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1186 OF 2000

(ON APPEAL FROM WSCC 12532/2000)

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J U D G M E N T

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1. This Appellant appeals against the sentence of 4 months' imprisonment imposed on him for an offence of Assault Occasioning Actual Bodily Harm.

2. The Appellant was serving a sentence of 3 1/2 years in Stanley Prison where the assault occurred, committed by him on another inmate. The victim had apparently caused the Appellant to become angry as, allegedly, he had stolen Appellant's credits which were used to buy items in the prison shop.

3. The Appellant punched the victim several times in the head; this caused him to fall and hit his head on an iron trolley. As a result, the victim sustained a 1 cm laceration on the upper right eyelid; a l cm laceration on his right cheek as well as swelling; and also multiple bruising on his left cheek.

4. On appeal today, the Appellant says that his sentence is too severe and he cites two similar, prison incidents known to him which occurred in June and September, where either the incident, although more serious, resulted in the same punishment, or where similar events resulted in a lesser sentence.

5. The Appellant said that in the 20 months of his sentence that he had served, he had not been involved in fighting before, despite other provocations.

6. In sentencing, the Magistrate took into account the Appellant's guilty plea and adopted a starting point of 6 months before sentencing him to 4 months' imprisonment. The Magistrate was aware of the alleged provocation, but took the view that the incident was a serious one and that a general deterrent was needed in terms of sentence.

7. I can deal with this appeal only on the basis of the facts and the materials put before me; I cannot comment on sentences passed in other cases which are not in my purview.

8. Maintaining discipline inside a prison institution is not an easy business and it is important that the offences committed within the prison are dealt with properly.

9. I accept, as did the Magistrate, that some provocation was involved on the part of the victim, but nevertheless I find it difficult to fault the Magistrate's sentence in respect of this incident.

10. The appeal against sentence is dismissed.