CRIMINAL CASE NO. 280 OF 2009
COURT: Yours is a sad case. In February of last year you took the life of your mother at the same time as you tried to take your own. In the home where you both lived you burnt charcoal, having sealed the doors and windows. You had written a suicide note. Your mother had taken sedatives and you a mixture of rat poison, sleeping pills and alcohol. The smell of the charcoal alerted the neighbours and firemen attended. They were too late to save your aged and infirm 72 year old mother. They saved you but not your left forearm, which burnt away with charcoal, was amputated surgically.
Your actions arose from an abnormality of your mind. That abnormality diagnosed as Bipolar Affective Disorder substantially impaired your mental responsibility for your acts. It was thus that your plea to manslaughter on the basis of diminished responsibility was accepted by the prosecution.
The three psychiatrists from whom I have reports speak as one. Dr Yu described the type of morbid depressive state you suffered as being typically experienced as worse than the severest physical pain, taking the form of an inner turmoil that admitted no respite and to which suicide represented an attempt to find deliverance from, what he described as, ‘unrelenting psychic torment.’
You have been in custody and in the hands of doctors for over a year. You have co-operated in their treatment of you. Your disorder from which you have suffered for over 10 years is currently in remission and inpatient psychiatric treatment is not required.
The first question I have to address in sentencing you is whether or not the public interest demands your further detention in prison. I am of the view that it does not. Continued detention on the basis that you pose a danger to society is not indicated. You now, in your remission, appreciate the nature and gravity of your conduct. That, of course, will bring you pain for the rest of your life for I have no doubt that you had loved your mother. Those who kill a loved one sentence themselves. No further punishment is called for as your undoubted mental state has taken away your responsibility for the deed.
Whilst inpatient treatment is not required, the reports which include those of a probation officer indicate a real need for continuing outpatient help, follow-up support and supervision. The Mental Health Association of Hong Kong has organised the provision of a half-way house and special provision to meet your situation is available to you. You could go there under a probation order.
Accordingly this court is of the opinion, having regard to the circumstances I have outlined, that it is expedient to make a three year probation order. The order would contain these requirements. Firstly, that you reside as directed by your probation officer. Secondly, that you attend regular follow-up outpatient psychiatric clinics as directed by your probation officer. Thirdly, that you take medication as directed by your probation officer, and fourthly, that you receive the support of a Community Psychiatric Nurse as directed by your probation Officer.
I am obliged to explain to you the effect of the proposed order. It means that for a period of three years you will be under an obligation to co-operate with your probation officer, complying with his or her reasonable requirements directed to their supervision of you. In addition the conditions I have just mentioned have the effect of putting you in the hands of the probation officer’s control of where you live and also control of your mental welfare.
It is an order that will not work unless you are willing to comply with its requirements. I will not make the order unless you now tell me you are willing to comply with it.
Before asking you if you are willing, I point out to you that if you fail to comply with your obligations under the order or you committed a further offence within its currency you would be liable to be sentenced for this original offence of manslaughter.
So Madam, are you willing?
ACCUSED: Yes, yes I am.
COURT : Thank you. In that case the order of this court is that you be placed on probation for three years with the special requirements that I have mentioned.