HKSAR v LAU CHUNG LONG NICHOLAS

DCCC 421/2024

[2025] HKDC 1647

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 421 OF 2024

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REASONS FOR SENTENCE

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1.  The Defendant pleaded guilty to a charge of wounding with intent, contrary to section 17(a)  of the Offences against the Person Ordinance, Cap. 212 and a charge of failing to surrender to custody without reasonable cause, contrary to section 9L(1)  and (3)  of the Criminal Procedure Ordinance, Cap. 221.

Summary of Facts

2.  On 23 September 2023, PW1, PW2 and PW3 were having dinner in a restaurant.  The Defendant had dinner with his friends at that same time. 

3.  At about 0000 hours, the Defendant and PW2 had some quarrels outside the toilet. 

4.  Ten minutes later, the Defendant suddenly approached PW2’s table and shouted at PW2 with foul language.  The restaurant owner (PW4)  separated them. The Defendant then went to G/F of the restaurant.

5.  About 20 minutes later, PW1 to PW3 met the Defendant outside the restaurant again.  The Defendant shouted at PW1.  PW2 pushed the Defendant away.  PW4 tried to stop the dispute, but was unsuccessful.  The Defendant got emotional and rushed back to the restaurant and returned with a cleaver (30 cm long)  in his right hand, tried to chop towards PW1’s head.  PW1 raised his left arm and was slashed on the left arm near to the elbow.  PW2 stopped the Defendant and the cleaver fell on the ground.

6.  Medical report of PW1:

(1)  PW1 suffered an 8 cm laceration over the left elbow;

(2)  an emergency operation was performed on the same day;

(3)  a 2.5 cm metal shard was found to be partially embedded in the proximal ulna with a 2 cm incomplete fracture line. There was an 80% cut of the anconeus muscle bulk and one cm laceration of the inferior part of the joint capsule.

7.  PW1 was given sick leave from 24 September 2023 to 11 October 2023.  On 27 September 2023, PW1 told the police that he would not receive further medical treatment in Hong Kong after he returned to Mainland.  Up to now, the police could not contact PW1 anymore.

8.  The Defendant was arrested at the scene. 

9.  In the cautioned record of interview, the Defendant stated that:

(a)  At the material time, he had a dispute (over the use of toilet)  with an unknown man in the restaurant;

(b)  When he saw the unknown man again outside the restaurant, he was emotional and intoxicated. He grabbed a cleaver and chopped PW1 on the left arm near to elbow with it.

Charge 2

10.  On 2 July 2024, the Defendant failed to appear in the District Court.  A warrant of arrest was issued.

11.  On 24 August 2024, the Defendant was located and rearrested.  Under caution, the Defendant stated that he forgot to attend court on 2 July 2024 and he did not know what to do afterwards.

Background of the Defendant

12.  He is 31 years of age, divorced in July 2024, previously worked as a casual worker with a monthly earning of about $10,000.  He lives with his father (68), his mother has passed away.

13.  He has a clear record.

Sentence

14.  Wounding with intent carries a maximum sentence of life imprisonment.

15.  The defence accepts that there is no sentencing guideline for this offence, but quoted the Court of Appeal case of Secretary of Justice vs Hau Ping Chuen[1] which stated that the usual sentencing range is between 3 to 12 years.

16.  There are a number of sentencing factors to be considered as stated in HKSAR v Chan Chun Tat[2].

17.  In the present case:-

(a)  The Defendant acted alone and the attack was not premeditated.

(b)  The victim and the Defendant did not know each other. It just happened that they were having dinner in the same restaurant.

(c)  30 minutes before the attack, the defendant had a dispute with PW2 over the use of the toilet.

(d)  Later on, the Defendant went to PW2’s table to shout at him with foul language. In fact, what the Defendant did in such circumstance was already inflammatory. The restaurant owner separated them, clearly was to avoid an out of control situation.

(e)  When both sides finished their meals, they met again outside the restaurant. The Defendant shouted at PW1 again, PW2 pushed him away. At this point, the situation escalated as the Defendant went into the restaurant to grab a cleaver to attack PW1.

(f)  The cleaver was about 30 cm long. It turned into an offensive weapon as it was lethal.

(g)  The Defendant had been drinking. As he stated under caution, he was intoxicated at the material time. His emotion was out of control and became in a rage to loose his temper. The defence submitted that his act at the material time was impulsive and out of his character as he did not have record of violence.

(h)  The Defendant aimed at the head of the victim who raised his left arm to protect himself and to prevent the chopping onto his head.

(i)  The level of force, no doubt , was great as 2.5 cm metal shard was found in the left elbow of the victim.

(j)  The victim suffered lacerations over his left elbow area, emergency operation was performed on the same day after his admission into the hospital.

(k)  There is no evidence to suggest that the victim suffers a permanent injury.

(l)  The victim seemed to have put this matter behind him as the police could not get in touch with him.

18.  Having considered all the factors above, I accept that a starting point of 3 years for Charge 1 is appropriate to reflect the culpability of the Defendant and the gravity of the offence.

19.  As such, given 1/3 discount for his guilty plea, the sentence is reduced to 2 years.

Charge 2

20.  The Defendant failed to surrender to court in July 2024.  He was rearrested within 2 months.

21.  He said under caution that he forgot the hearing date and did not know what to do afterwards.

22.  Any right minded person will outrightly reject his claim as it is not a common matter that a clear record person needs to attend Court on an appointed day.  On the contrary, he purposely absent from attending the court on the previous hearing day was to avoid serving the sentence.

23.  I take 4.5 months as the starting point, reduce to 3 months after 1/3 discount.

Totality

24.  Charge 1:  2 years

Charge 2: 3 months

I order 2 months from Charge 2 to run consecutively to Charge 1, the final sentence arrives at 2 years and 2 months.

25.  The Defendant is ordered to serve a period of 2 years and 2 months imprisonment.