HKSAR v. PANG YUK SHING AND OTHERS

DCCC 860/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 860 OF 2013

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REASONS FOR SENTENCE

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1.  The defendants have pleaded guilty to one charge of wounding, contrary to section 19 of the Offences against the Person Ordinance, Chapter 212, for which the maximum sentence is 3 years imprisonment.

2.  In summary just after 1 a.m. on the 10 August last year a 15 year old boy was having a chat with his friends outside the Ground Floor of Ching Yi House in Wong Tai Sin when a group of about seven assailants including the three defendants approached. The assailants were all wearing surgical masks and holding full bottles of Jolly shandy.

3.  When the boy and his friends tried to leave they were stopped by the group who hit the boy with the bottles and also kicked him.  During the attack another assailant holding a beef knife appeared.  The group greeted him as “Hak Chiu” and stood aside to let him through when he chopped the boy twice on his left thigh.

4.  The boy suffered serious injuries including a laceration to the right side of his forehead requiring four stitches; a laceration on his left ear requiring eight stitches; and two chop wounds 15 cm and 20 cm in length on his left thigh requiring ten and fifteen stitches respectively.  I have seen photographs of the injuries which clearly show the extent of the four wounds.  Fortunately save for the scarring I am informed that the boy has fully recovered from his injuries. 

5.  D1 has been remitted to the Juvenile Court for sentence.  D2 being only 16 when he pleaded guilty I adjourned sentence for a training centre report and at the same time a background report on D3. 

D2

6.  I have carefully considered everything said on your behalf by Mr Ho together with the content of your mitigation letter.  Although you cannot be said to be of extreme youth I take into account your young age having now turned 17 during this remand.  I also take into account that your only conviction was when you were 13 and was for an offence of dishonesty and not violence.

7.  Section 109A of the Criminal Procedure Ordinance, Chapter 221 provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.  Whilst this provision does not apply to wounding, which is an excepted offence, a court must exercise great care before committing a young offender to prison. 

8.  With this in mind I turn to consider the training centre report.  The report reveals that without effective parental guidance you became wayward during your adolescence.  Your academic performance has been poor resulting in you not completing Form Three.  Whilst in Form Two you mingled with undesirable peers and joined the 14K triad society with whom you participated in unlawful gang activities.  Your involvement in the present wounding was at the request of your triad protector.  You have also tried cocaine once last year. 

9.  The Assessment Officer found you polite and willing to disclose your misdeeds.  During the remand period you have managed to behave yourself and conform to the institutional rules and regulations.  You told the Assessment Officer that you promise to behave well in the future and that you would like to work and alleviate the financial burden of your family. 

10.  Your father has had the sole responsibility of looking after you since your mother deserted the family when you were small.  You told the Assessment Officer that you blame yourself for disappointing your father and giving him extra worries.  Your father nevertheless continues to give you his unfailing support and comfort by regularly visiting you in custody.

11.  In order to help you develop more insight into your problems a period of disciplinary training coupled with statutory supervision is said to be beneficial to you.  Having carefully considered your character and conduct and the circumstances of the offence I am satisfied that it would be your interest and that of the community that you undergo a period of training in a training centre (see Wong Chun Cheong v HKSAR (2001) 4 HKCFAR 12).  You are convicted and sentenced to detention in a training centre.

D3

12.  I have carefully considered everything said by Mr Poon on your behalf together with the content of the background report which also reveals in your case poor academic performance and association with the 14K triad society. 

13.  Today I was first told that you were not aware a knife was to be used.   The prosecution case is that this was a joint enterprise in which bottles and a knife were used.  I indicated that I did not accept this mitigation and that consideration would have to be given as to whether a Newton hearing was necessary.  Having taken further instructions Mr Poon informs the court that you withdraw this part of your mitigation.  I would add that even if you did not know a knife was to be used at the outset clearly the assailant with the knife was part of your group the admitted facts being during the course of the attack he arrived with a beef knife when you all greeted him as “Hak Chiu”.  You all then stood aside so he could continue the attack on the boy.  In my view you were acting in concert and are therefore all criminally responsible for the injuries sustained by the boy no matter who caused those injuries.

14.  Taking into account that this was a group attack with the assailants  all armed with bottles and one with a knife resulting in serious injuries I am satisfied that this falls within a high level of seriousness for which a starting point close to the maximum is appropriate.  As I mentioned at the last hearing and again today you are most fortunate the prosecution have accepted a plea to section 19 wounding.  Giving allowance that there may be more serious cases for example where there are more injuries or permanent injury apart from scarring, I am satisfied the proper starting point after trial is one of 2 years and 9 months imprisonment.    

15.  You cannot be given credit for a clear record.  You have seven convictions for violence and two for criminal intimidation in 2007 and 2008 for which you were sentenced to Rehabilitation Centre and Training Centre.  These sentences had no real deterrent effect upon you as you were back before the court in 2012 when you were sentenced in the District Court to 16 months imprisonment for four offences of dishonesty.  This sentence also has had no deterrent effect on you for within five months of your release from prison you committed the present offence.

16.  I have considered in these circumstances increasing the starting point.  However considering the offences of violence were in 2007 and 2008 at a time when you were 16 and 17 I cannot say you are a persistent offender for offences of violence.   

17.  Giving you full credit for your plea of guilty you are convicted and sentenced to 1 year and 10 months imprisonment.