HKSAR v. LO KA CHUN

DCCC 818/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 818 OF 2013

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Reasons for Sentence

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1.  Defendant, you have been convicted after trial of a section 17, wounding with intent offence.

2.  I do not intend to repeat the facts of the case.  I gave full details of the prosecution’s case and my findings in my verdict.

3.  The defendant is 25 years old, recently married, gainfully employed.  He also now admits that he is, in fact, the WP1 of the footage and did glass the victim with the broken glass.

4.  Defendant is not a man with a clear record.  He has four previous convictions, the first when he was a young teenager and the last being a similar offence and where he, in 2011, pleaded guilty to a section 19 wounding offence and was sentenced to 4 months’ imprisonment.

5.  Clearly, the defendant has a temper and a violent streak that has now got him into trouble at least twice.

6.  I accept Mr Percy’s mitigation insofar as the attack was not premeditated on PW4, the victim, by the group.

7.  Violence sparked out of what started as a verbal altercation.  However, whilst others used fists and kicks, Defendant, you went to a table, got a glass and, whether or not you broke it intentionally, you went for PW4 with it.

8.  From the viewing of the CCTV footage, if you had not been held back by so many others on so many occasions, the injuries could have been a lot worse for the victim.  Luckily, PW4 suffered one serious wound on his arm, which required five stitches.  I say “luckily” because there is no evidence of permanent injury or permanent damage.

9.  Mr Percy has said all he can say on behalf of you.

10.  He set out your troubled family background.  You were moved from pillar to post in your young years between your mother and your father.  You have lived independently since you were 18.

11.  What is perhaps obvious is that clearly alcohol has contributed to at least two criminal offences.  Perhaps that is something that you need to consider either getting help for or keeping under control.

12.  Mr Percy has asked the court to consider the facts of this case as being the lower end of section 17 offences.

13.  There are no guidelines of this offence where sentencing is concerned.  Everything depends on particular facts of each case before the court.

14.  Defendant, please stand up.

15.  After careful consideration of the facts, your background, mitigation put forward on your behalf, I will consider a 3-year starting point as appropriate.

16.  You have been convicted after trial.

17.  I see no reason for any further discount on that starting point.

18.  Accordingly, you are sentenced to 3 years’ imprisonment for this offence.