HKSAR v. Cheung Tin Lung

DCCC 1129/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1129 OF 2015

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REASONS FOR SENTENCE

The defendant pleaded guilty to 2 charges of "Wounding with intent" (Charges 1 and 2) and 1 charge of "Possession of an offensive weapon in a public place" (Charge 3).

Summary of Facts

2.About 7:20 a.m. on 19 October 2015, the defendant walked into the Report Room of Western Police Station.  He told Sgt HONG (PW3) that he wanted to come in for a seat. He sat down in front of PW3, who carried on with his work.  PW3 later heard the defendant talking to himself.

3.About 5 minutes later, the defendant said he wanted to go to the Social Welfare Department and left the Report Room.  Another 5 minutes later, the defendant returned to the Report Room requesting to make a phone call.  PW3 told him to use a particular phone nearby.  The defendant picked up the phone, but PW3 did not hear him saying anything.  The defendant left the Report Room about 3 minutes later.

Charge 1

4.About 7:30 a.m. on the same day, Mr. LAM (PW1; aged 65) was on his way home.  He reached the junction between Western Street and Des Voeux Road West near Western Police Station.  When PW1 was crossing the road, the defendant, who was holding a knife in his right hand and wearing a fierce facial expression, rushed towards PW1. He thrust the knife towards PW1's abdomen.  PW1 swiped the knife away with his right hand and ran towards Centre Street.  The defendant did not give chase; he pursued 2 other women instead.

5.PW1 stopped to catch his breath at Chung Ching Street.  He soon heard sound of police vehicles and went to have look.  Police officers brought him to ambulancemen across the road.  PW1 claimed that he was only injured slightly at his right wrist and abdomen.

6.PW1 had never seen the defendant before; and defendant did not say anything during the attack. PW1 later identified the defendant to the Police outside No.260 Des Voeux Road West ("the Supermarket").

Charge 2

7.About 7:40 in the same morning, Madam CHAN (PW2; aged 45) left home for her morning exercise.  When she reached the junction between Western Street and Des Voeux Road West, she saw a Chinese female running uphill along Western Street.  At the same time, she saw a person (later confirmed to be the defendant) in a black top holding a knife in his right hand.  She also heard someone shouting "Chopping people".

8.PW2 was scared and turned around immediately to go uphill along Western Street.  As she turned around, PW2 felt her left shoulder being chopped with great force.  She was in pain but kept on running.  She fell down on the ground near the main entrance of Western Police Station.  Meanwhile, PW2's left arm was chopped once.  She used all her strength to escape.  As she was getting up, her waist was chopped once.  She managed to run across the road, and eventually stopped outside a shopping centre situated at Nos.259-269 Des Voeux Road West.

9.About the same time, PW3 looked outside from the Report Room.  He saw the defendant holding a knife in his right hand and chopping a woman who had fallen on the ground.  The woman tried to escape by running towards eastbound Des Voeux Road West.  The defendant continued to brandish his knife.  PW3 immediately requested assistance through his beat radio.

Charge 3

10.Back-up soon arrived.  At near the Supermarket, 2 Station Sergeants drew their pistols to warn the defendant.  He let go of the knife in his hand and was subdued by other police officers.  In the process, another knife (almost identical to the one he was holding) dropped out of the defendant's shoulder bag.

11.Outside the Supermarket, PW2 identified the defendant as the assailant.  She had no grudges against any person and did not owe any debt.

Injuries of the Victims

12.Both PW1 and PW2 were sent to Queen Mary Hospital.  PW1 had a cut wound on his right wrist.

13.PW2 sustained the following injuries :-

(i) a laceration of about 8.5 cm over her right lower back with depth of about 1.5 cm involving underlying muscles;

(ii) a 7 cm longitudinal laceration over left posterior deltoid region which involved muscle fibers; and

(iii) a 5 cm transverse laceration at her left posterior distal arm; the mid-portion of the wound involved the muscle fascia.

Her chop wounds were sutured uneventfully. Post-operative course was smooth. She was discharged 3 days later on 22 October 2015.

Admissions

14.The defendant was admitted to Castle Peak Hospital after the offences.  With doctor's permission, a video recorded interview was conducted at the hospital in the presence of the defendant's sister and counsellor.  Under caution, the defendant admitted that he went to Western Police Station earlier, but could not remember what happened afterwards.  He denied ownership of the 2 knives seized.

15.According to the psychiatrist's reports[1] obtained before plea, the defendant had persecutory delusions.  He was suffering from paranoid schizophrenia.  He told the doctors that he wanted to "make a scene" in order to gain attention from the Police.  He claimed that he knows he had done something wrong.  He is mentally fit to plead.

Mitigation & Sentence

16.The defendant is 43 and single. He has 3 conviction records, which included 2 violence-related offences. Defence counsel Mr. YUEN informed me that the defendant resides alone, but maintains contact with his family members.

17.In mitigation, Mr. YUEN submitted that the defendant was admitted to Castle Peak Hospital for his psychiatric illness in August 2015. He was discharged in mid-October 2015. The present case took place 1 day before his follow-up appointment. Mr. YUEN stressed that neither PW1 nor PW2 sustained any permanent injuries.

18.This is indeed a tragic case. Innocent passers-by who were complete strangers to the defendant were injured. It must have been a devastating and traumatic experience for them.

19.The 2 pre-sentencing psychiatrist's reports revealed that the defendant suffers from schizophrenia, with a history of polysubstance abuse. In view of his limited insight, florid psychotic symptoms at relapse and serious violent behaviour under psychotic influence, both doctors recommended a Hospital Order for a period of 6-8 months.

20.Sentencing of wounding offences is case specific and there is no tariff as such. Sentences in the range of 3 to 12 years' imprisonment are by no means uncommon. It is plain that defendant is a psychiatric patient who needs professional in-patient treatment. Furthermore, at present, he poses a danger to the community. I am aware of the gravity of the offences, but cannot ignore the defendant's need for psychiatric treatment. Although a Hospital Order for 6-8 months may seem to be a comparatively short period of incarceration, sentencing the defendant to a prison term may not be the best option. In the present case, a Hospital Order for 6-8 months is nevertheless a sentence commensurate with the seriousness of his conduct.

21.If the defendant is sentenced to imprisonment, he would be released into the community at the end of his prison term irrespective of his psychiatric condition. A Hospital Order, however, carries with it a proviso under section 47(2) of the Mental Health Ordinance (Cap.136), which in effect stipulates that his release will be subject to medical opinion. This proviso offers a safeguarding mechanism which ensures that the defendant would not be released unless it is safe for him and the community to do so.

22.Based on the reasons stated above, I consider that it is in the community's best interest as well as the defendant's to make a Hospital Order in accordance with the psychiatrists' recommendations. Hence, for Charges 1 and 2, I sentence the defendant to detention under a Hospital Order in Siu Lam Psychiatric Centre for 8 months. For the avoidance of doubt, the proviso under section 47(2) applies.

23.For Charge 3, I am aware of the mandatory sentence stipulated under section 33(2)(d) of the Public Order Ordinance (Cap.245). Prosecuting counsel Mr. CHONG has helpfully drawn my attention to a few cases[2]. Mr. YUEN has also reminded me that the defendant has been in jail custody for almost 8 months. The knife in relation to Charge 3 was never used; it was kept in the defendant's shoulder bag all along. In my view, it was merely incidental to Charges 1 and 2. I adopt a starting point of 6 months' imprisonment. With the guilty plea, the sentence is reduced to 4 months. I sentence the defendant to 4 months' imprisonment. This way, the sentence for Charge 3 would not hinder the court from making a Hospital Order, which is for the benefit of both the defendant and the community.