|
DCCC116/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 116 OF 2010
----------------------
----------------------
|
Date:
|
26 May 2010 at 10.20 am
|
|
Present:
|
Mr Alvin Chui, PP, of the Department of Justice, for HKSAR
Mr Kenneth Chik, instructed by Solomon C Chong & Co., assigned by the Director of Legal Aid, for the Defendant
|
|
Offence:
|
(1) Wounding with intent （有意圖而傷人）
(2) Possession of offensive weapons in a public place（在公眾地方管有攻擊性武器）
|
---------------------
Reasons for Sentence
---------------------
1. Defendant, you have pleaded guilty to two charges, the first being an offence of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap.212, Laws of Hong Kong, and the second, an offence of possession of offensive weapons in a public place, contrary to section 33(1) of the Public Order Ordinance, Cap.245, Laws of Hong Kong.
2. The brief facts which you have admitted indicate that in the early evening of 13 November last year, at the sitting-out area in Dundas Street in Mongkok, you took out a 40 centimetre long beef knife from the waistband of your trousers and attacked the victim, a 24 year old young man, by chopping him on his right arm, and when PW1 tried to get away, you chopped him again on his back. As a result of this attack, PW1, the victim, suffered a 5-centimetre long chop wound on his right arm and a 1-centimetre long abrasion wound to his back. These were the facts which gave rise to the first charge.
3. Subsequently, on 17 November 2009, a party of police noticed you holding a green jacket and acting suspiciously. They therefore intercepted you and, upon a search, the three beef knives, being the subject matter of the second charge, were found.
4. You told the police that you had the weapons on you for the purposes of self-defence. You also admitted that you had some days beforehand chopped PW1, the victim of the first charge.
5. You are 35 years of age and have a number of previous convictions, although it is right to say that this is your first offence of violence.
6. You have had problems with drug abuse in the past and, indeed, the psychiatric reports before the court indicate that you suffer from dissocial personality disorder, stimulant dependent syndrome, and drug-induced psychosis, although I stress that at the time of the offences there is no evidence that you were under the influence of drugs.
7. The first charge to which you have pleaded guilty is a very serious offence, the facts of which indicate that you, for no apparent good reason and completely unprovoked, attacked the victim on his arm and back.
8. It is no thanks to you that fortunately the victim I am told has made a full recovery with a no sign of any permanent disability.
9. Just to demonstrate what a potential danger to the public you are, the second offence was committed four days afterwards when you were found in possession of the three beef knives.
10. This sort of anti-social behaviour inevitably calls for a lengthy term of imprisonment, which would have been much longer had the victim suffered from more severe injuries.
11. In sentencing you I take into account all that has been said on your behalf by way of mitigation.
12. In relation to Charge 1, I adopt a starting point of 3½ years’ imprisonment. This will be discounted by one-third to take account of your plea of guilty, coming to 28 months’ imprisonment on Charge 1.
13. With regard to Charge 2, I adopt a starting point of 12 months’ imprisonment, which I will similarly reduce by one-third to take account of your plea, coming to 8 months’ imprisonment on Charge 2.
14. This sentence I order to run consecutively to the sentence that I have imposed on Charge 1, coming to an overall sentence of 3 years’ imprisonment in all.
| |
H H Judge Geiser |
| |
District Judge |
|