HKSAR v. YEUNG HEUNG YU

DCCC79/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 79 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap.212, Laws of Hong Kong, the particulars being that you on 20 December 2011 at Room 702, 7th floor, Ming Cheong House, Ming Nga Court, Tai Po, unlawfully and maliciously wounded Lin Xiaoru with intent to do her grievous bodily harm.

2.  The amended Summary of Facts which you have agreed establish that the victim in this case is your wife and the incident occurred as a result of a domestic dispute that you were having with her at home.  The argument concerned your daughter.  In the dispute it appears that your wife dared you to chop her with a chopper that she had taken from the knife rack in the kitchen.  Nothing happened as a result of this initially and the knife was re-placed in the rack.

3.  However, the argument continued and in the course of this you lost control, retrieved the chopper from the knife rack and chopped your wife on the head.  Your wife managed to block the blows with her arm, as a result of which she received, inter alia, six lacerations to her right arm, a laceration to the back of her left hand and wrist and two chop wounds to her head.  

4.  A neighbour of yours heard the commotion and called the police.  You were arrested and under caution you admitted that you chopped your wife on the spur of the moment.  Your wife was sent to hospital where she stayed for some 16 days. 

5.  Regarding the physical and emotional wellbeing of your wife, I have received a statement from her that she made to the police dated 30 March 2012.  In that statement she says that she is recovering from the chop wounds that you inflicted on her and has regular physiotherapy to help her.  However, she says that as at the date of the statement she still could not move three of her fingers on her left hand, therefore, she was due to undergo another operation on her tendons on 16 April.  I do not know the outcome of this.

6.  Aside from this, she says she is able to handle her emotions well and she understands that this incident was caused by your mental illness.  While she says that she has forgiven you, she is concerned that there could be a repetition of this behaviour and so she has decided to institute divorce proceedings against you.  She does not want to see you to go to prison but would prefer it if you received “appropriate medical treatment” for your illness.

7.  Dealing with matters concerning yourself, you are 27 years of age and have no previous criminal convictions.  However, it is clear from the two psychiatric reports that I have obtained, both dated 12 April of this year, that you have been suffering from mental disorder since 2000.  Both doctors are of the opinion that you suffer from bipolar affective disorder.  You are currently suffering from a manic relapse with psychotic symptoms.  They both consider you to have a high propensity to violence and are of the view that inpatient psychiatric management in a secure setting is warranted.  They both recommend a hospital order for a period of 6 months.  Indeed I might say that these were also the findings and recommendations of two earlier separate psychiatrists who reported to the Principal Magistrate in Fan Ling last January.

8.  This was obviously a very serious assault on your wife who had suffered unpleasant injuries.  She does seem, however, from all the information before me to be making a good recovery both physically and mentally.  I have considered long and hard the possibility of a lengthy term of imprisonment which under normal circumstances would be warranted for an offence of this nature.  However, it seems to me that you are in need of treatment and it is now well established that courts are quite prepared to abandon the idea of retribution and deterrence when dealing with a mentally disturbed offender such as yourself. 

9.  In all the circumstances, therefore, I make a hospital order under section 45 of the Mental Health Ordinance for a period of 6 months at Siu Lam Psychiatric Centre where I understand provision has been made for you.