HKSAR v. WONG KA SHING

DCCC 350/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 350 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of malicious wounding, contrary to section 19 of the Offences against the Person Ordinance, Cap.212. You admitted the Brief Facts and I convicted you.

2.  What occurred is this.  PW1 came to know you and your girlfriend, Poon, in late 2011.  Since about July 2012, Poon from time to time borrowed $100 to $200 from PW1 to feed her daughter.  From time to time PW1 had disputes with you and Poon when you demanded repayment.

3.  Since about December 2012, PW1, out of friendship, housed you and your girlfriend and your daughter at his residence. Your girlfriend continued to borrow money and made no repayment.  That residence was Room 3, 2nd Floor, 338 Portland Street, Mongkok. 

4.  Eventually, on the morning of 16 January of this year PW1 asked you all to move out.  You left the premises whilst Poon and your daughter remained.  That afternoon you returned with four unknown persons and accused PW1 of molesting Poon.  PW1 denied this and you pushed him to the floor.  You then grabbed a one and a half foot screwdriver from the cupboard and you hit PW1 repeatedly on the head with the handle.  As a result, his head bled.  You and your party fled and PW1 gave chase.  Police officers in the street intercepted you and PW1 related the incident.

5.  Under arrest and caution you admitted hitting PW1 but said PW1 had molested your girlfriend.

6.  In a later video-recorded interview under caution you admitted knowing PW1 for about 2 years.  In mid-2012 you met up again and you introduced your girlfriend to him.  As you had to move from your previous address and you had not yet found another place to live, you housed yourself temporarily at PW1’s residence with your girlfriend and your baby. PW1 told you to move out from time to time, and on 16 January of this year you left the flat.  That afternoon your girlfriend told you that PW1 had molested her.  You argued with PW1, you punched him and kicked him.  You then grabbed a hard object from the floor and hit PW1’s head until eventually he lay on the floor.  You could not recall where you had discarded the item.  You and your girlfriend and baby then went down to the street.  PW1 chased you and you were arrested.

7.  On 16 January, PW1 was admitted to hospital and discharged on the next day.  He sustained two lacerations to his right scalp, a small haematoma with laceration to his left scalp, and an abrasion of his left big toe.  He was granted two days sick leave.

8.  You admitted to 10 previous convictions, some of which do in fact involve violence.

9.  On your behalf Mr Yeung entered mitigation.  He told me you are 40 years of age, educated to Form 2, and you reside with your girlfriend and 2-year-old daughter.  Previously you were employed as a casual transportation worker earning $200 a day but also in receipt of $8,000 per month public assistance.  The case occurred on impulse as PW1 had indecently assaulted your girlfriend.

10.  Mr Yeung pointed to you being fully co-operative fully with the police and making admissions from the outset, and also that you have pleaded guilty, saving the expense and time of a trial.

11.  You do, I understand, make an offer of $1,000 for medical expenses to PW1.

12.  Mr Yeung submitted a letter, which I have read, from you.  I have taken into account its contents.

13.  Mr Yeung also submitted two authorities from the 1980s, and whilst I am obliged to him for doing so, I do not intend to refer to them, they are rather old and decided on their particular facts.

14.  I turn now to the sentence. 

15.  It has to be said you have an undistinguished record.  You have committed offences of violence in the past such as assaults and robberies.  In your favour, I am prepared to accept that you committed this offence in the belief that your girlfriend had indeed been indecently assaulted by PW1.  You were also extremely co-operative with the police, making admissions from the outset, and you have now expressed remorse to this court by pleading guilty.

16.  There are some aggravating features here, the first being of course that you used a weapon, and the second is that you enlisted others to accompany you if not assist you.  Whilst PW1’s injuries were not of the most serious, he did need to stay in hospital overnight. 

17.  I should tell you here and now that I do not intend to make an order for compensation.  That should be left to a civil court to assess.

18.  In this case, taking all matters into account, I take as a starting point 21 months’ imprisonment, reduced to 14 months for your plea of guilty.