HKSAR v. Chan Kam Sau

DCCC 445/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 445 OF 2016

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Reasons for Sentence

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1.The Defendant pleads guilty to wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance.

2.On the evening of 26 February 2016, the victim, a 23-year-old bank teller, was walking on Fuk Tsun Street toward Mongkok MTR station after work when she felt hit by a hard object held by the Defendant from behind.  She turned about and tried to ward off the Defendant’s attack by a chopper but had her hand injured as well.  She called for help with the Defendant chasing at her heel.  She entered a real estate company whose staff helped her call the police.  She was sent to the hospital for treatment.  She had seen the Defendant at the bank where she worked but they had never talked.

3.The police soon arrived and got hold of various eye-witnesses.  One of them had a video footage captured by his car camera showing the course of the attack happened.  Another one reportedly followed the Defendant after the attack and saw the Defendant murmuring to herself.  The police soon located a staffer of a nearby residential care home for persons with disabilities of medium level operated under the Social Service Department.  She could recognize the attacker shown on the video footage.  It was the Defendant, who resided in the residential care home. 

4.The police arrested the Defendant.  A knife with a blade of about 8 inches was found under a mattress in her room.  After caution, she admitted having bought the knife to chop a woman who had helped her husband but she had wrongly chopped the female.  She did not know the victim at all. 

5.Medical examination on the victim showed a laceration of about 6 cm on her scalp with swelling and fracture, a laceration of about 3 cm on her back, and a laceration of 10 cm on the back of her left hand with fracture.  The victim was granted sick leave for 3 months to recover from the injuries.   The fractures have now healed though she still feels residual numbness and stiffness of her finger joints.  

6.The Defendant is now 38 years of age.  She has a clear record.  She was married in 1999.  She was divorced in 2007.  Her ex-husband was granted custody of their only child, a son now 14-year-old.  She had had schizophrenia and attended psychiatric treatment since more than 20 years ago.  She felt confused at the time of the offence. 

7.The offence is a serious one and the victim had had a terrible experience. However, the focus in the present sentence has to be the improvement or at least the stabilization of her mental condition, which is the key to the prevention of her reoffending, rather than retribution or deterrence.  In this connection, I have called for 2 psychiatric reports to explore the suitability of a hospital order. 

8.The 2 reports are now before me.  Both confirm that she is suffering from schizophrenia.  Both psychiatrists observe that she is easily agitated and lacking in insight of her active psychotic condition.  They recommend that she be admitted to Siu Lam Psychiatric Centre for an unspecified period.  Her release shall be under regular review by the Mental Health Review Tribunal. 

9.I agree with their opinion and recommendation and hereby make a hospital order on the same terms.