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HCCC 350/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 350 OF 2016
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| Date: |
12 July 2017 at 2.01 pm |
| Present: |
Mr Phil Chau, on fiat, leading Miss Sharon Ng, and Mr Andrew Li, SPP of the Department of Justice, for HKSAR
Mr Richard Donald, leading Mr Kim McCoy, instructed by Y C Lee, Pang, Kwok & Ip, assigned by DLA, for the accused
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
This tragic tale commenced when you entered a convenience store and proceeded to consume food that you had not paid for. The manager, now the deceased, quite properly took you to task about this. Your response, defendant, to his proper admonishment was to throw chips back into his store and deliberately enter the nearby supermarket where you obtained a knife and thereafter returned to the convenience store.
You confronted the deceased, armed with this 8 inches knife. You made your intentions immediately apparent. You went into the cashier counter, cornered him, roared and shouted to him that he was going to die. This you did for at least six times. The deceased requested you to leave the store. He attempted to push you from that area but to no avail. You responded by immediately launching back into the cashier counter and thereafter stabbed the deceased in the chest in such force that the blade of the knife was dislodged from the handle. You rendered no assistance to the deceased, despite the fact that he was clearly mortally wounded.
You seemed not satisfied and went to another supermarket and for reasons known only to yourself, stole another knife, but that knife was not put to use before you were arrested by the police the day after the incident.
This whole incident took place in a crowded pedestrian area in Kowloon. From the CCTV footage, there were many customers entering and exiting the store at the time. The attack upon the deceased was witnessed by many of them. In fact, many rendered assistance after you stormed out of the store.
The nature of this offence is aggravated by your premeditation whilst, undoubtedly, the initial confrontation between you and the deceased, which was initiated by you, was very unpleasant. This, however, pales into insignificance when, clearly with the intention of using it, you went into a nearby supermarket and took the knife. You have used this to stab the deceased. This was not a spur-of-the-moment action.
Your behaviour has resulted in the death of an innocent young family man who was doing no more than asking you to pay for what you have taken. Although you said you were into Buddhism for some five to six years, what you did went directly against the doctrine of “having compassion for all beings.” If you are a real Buddhist, you will no doubt be familiar with this quote: “Holding on to anger is like grasping a hot coal with the intent of throwing it at someone else. You are the one who gets burned”.
Having been convicted of murder by the jury, I have no discretion in the sentence I impose on you. Had I the discretion, that would still be the sentence I pass. You are sentenced to life.
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