HKSAR v. WONG CHI CHEUNG

DCCC 25/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 25 OF 2014

-----------------------------------

-----------------------------------

----------------------------

Reasons for Sentence

----------------------------

Charges

1.  The defendant pleads guilty to wounding with intent, contrary to section 17 (a) of the Offences against the Person Ordinance (Cap. 212) and theft, contrary to section 9 of the Theft Ordinance (Cap. 210).  The victim particularized in both charges is the same Chinese male, aged 81 at the material time.

Facts

2.  The defendant came to know the victim through morning exercise in Nam Cheong Park (“the Park”) since 2007.  After the morning exercise, they would go for breakfast at a nearby restaurant with friends.  Since 2010, the defendant had borrowed monies from the victim.   

3.  At around 7 a.m. on 14 September 2013, the victim saw the defendant in a restaurant after morning exercise.  The defendant still owed the victim $21,000.  After a brief discussion, some friends arrived and the defendant asked the victim to meet up again at the Park at 10 a.m. for a further discussion. 

4.  At around 10 a.m. the defendant and the victim met up at the Park on a bench.  In the course of the discussion, the defendant suddenly swung a wooden plank at the victim’s head 2 to 3 times.  The victim fell to the ground and started bleeding from his head.  He shouted for help in vain.  The defendant dragged him to the nearby bush and stabbed his waist area twice with a knife. Although he remained conscious, he was powerless to stop the defendant from taking away his personal property. 

5.  The security guards later discovered the victim lying on the ground and called the police.  In the hospital, the victim found he had lost his mobile phone, his key holder with keys and his wallet containing his Hong Kong identity card, Octopus Card, Senior Citizen Card, resident card, bank card and $200 cash. 

6.  On the following day, the defendant was arrested.  In investigations under caution he admitted that he was angry because the victim had blamed him for not repaying the debt on time; he therefore picked up a wooden plank to strike the victim’s head a few times; he stole the victim’s mobile phone, key holder and wallet; he pocketed $200 from the wallet, which he later discarded in a litter bin at the Park; he stabbed the victim twice with a fruit knife bought in the same morning before the morning exercise. 

7.  The victim suffered multiple lacerations over scalp, lips and right abdominal wall.  There was internal bleeding of 2 litres fresh blood in his abdomen.  Suturing was performed on scalp, lips and right abdominal wall to stop bleeding.  He was discharged from the hospital after 2 ½ months. 

8.  The medical report of the victim reveals that not long after the incident, he had suffered some slight moist cough in chest examination and decreased muscle strength and limitation of body movement, eg he required one-person assistance for shifting on bed and he showed poor sitting balance and tolerance.  Thanks to his continual physiotherapy, recently his moist cough has gone, his muscle strength has improved, he can maintain satisfactory balance in sitting and standing, and he can walk with a small quadripod under supervision for 30 metres.  In short, he can be quite independent in most of his daily activities.  The orthopaedic specialist’s report confirms that he has full healed and suffers no permanent injury.     

Personal background and mitigation

9.  The defendant is 69 years of age.  But for a conviction for possession of instrument fit for unlawful purpose in 1990 for which he was fined $500, he has all along been a law-abiding citizen.  He had retired since 10 years ago as a public light bus driver.  There are mitigating letters from himself, his wife and his son and daughter.  The contents suggest that he had probably committed the offences out of impulse under pressure. 

10.  His solicitor explains that the fruit knife had been bought from a street stall before his morning exercise.  He had no premeditation to bring it to the Park to attack the victim.  It was sheer coincidence that it fell off from his rucksack as he put the victim’s property into his rucksack.  It then crossed his mind to use it to stab the victim. 

11.  Both pre-sentence psychiatric reports indicate that the defendant does not suffer from any psychiatric disorder. 

Sentencing this defendant

12.  There are no sentencing tariffs for wounding or theft.  The psychiatric reports do not find any psychiatric symptoms on the defendant.  I consider imprisonment as apposite. 

13.  Upon felling the victim by 2 to 3 blows with a wooden plank, he took out a knife from his rucksack to stab the victim’s abdomen twice.  Whilst it is plausible that the wooden plank might have been picked up at random in anger, I do not accept that the use of the knife could have anything to do with impulse.  As the victim shorted for help, he dragged the victim to the bush and stabbed him.  It is clear that the stabbing was to make way for the theft of the victim’s property. 

14.  Although the victim is 81 and has suffered a lot on the way of recovery, it is fortunate that there is no permanent impairment of significance. 

15.  I take 5 years as the starting point for the wounding and 2 years for the theft facilitated by the wounding.  One-third off for the pleas of guilty, the sentences are 3 years and 4 months for the 1^st Charge and 16 months for the 2^nd Charge.  The 2 offences were separate and should carry consecutive sentences.  However, in view of the totality principle, I order that 8 months under the 2^nd Charge be concurrent with the term under the 1^st Charge.  As a result, the defendant is sentenced to 4 years.