HKSAR v. Wu Kwok Wai

DCCC 524/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 524 OF 2017

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Reasons for Sentence

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Charge and facts

1.D pleads guilty to a charge of wounding with intent. 

2.This is a section 17 wounding with intent case in which D chopped his cohabiting girlfriend multiple times at the head and hands with a chopper.  The incident took place at D's flat in Sham Shui Po, Kowloon, in Hong Kong.D and the victim PW1 (F/ aged 36) are in romantic relationship and have been co-habiting at D's flat for about 3 years. They have all along been in good terms.

3.On 3 May 2017 at around 2100 hrs, D and PW1 returned to D's flat from dinner. Later on the night, D suddenly uttered some non-sense and picked up a chopper from the kitchen. He chopped PW1 on her head for 4-5 times. In the chaos, PW1 defended herself with both hands. D then grabbed PW1 on her wrist and attempted to cut her wrist artery. PW1 fought him off while retreating to the toilet.

4.D then left the chopper in the shower area in the toilet and went to the living room to call his father (PW2), who was also living in the flat but was away at that time. D told PW2 that he had chopped PW1. PW2 immediately rushed back to the flat.

5.Upon PW2's arrival by about mid-night, D initially barred the wooden door from being opened, but he later changed his mind and opened it for PW2. PW1 fled from the flat to call for ambulance while PW2 attended to D.

6.At about 0021 hours past midnight, police officers attended the flat and subdued D, who was then acting aggressively and was still mumbling non-sense. He was thus arrested and was sent to the hospital.

7.PW1 was admitted to Princess Margaret Hospital (PMH) for treatment. PW1 had been fully conscious during the offence. 

8.According to the medical reports from A&E and O&T departments in PMH, PW1 sustained:

(i) Cut wound over left shoulder, right chest and right shin;

(ii) Three cut wounds over scalp;

(iii) Deep cut over both hands;

(iv) Fractures across wrist bones and finger bones over both hands (left hand: index and little fingers; right hand: index, middle, ring, and little fingers);

(v) Wound at left ear pinna and right knee.

9.PW1 was immediately operated with wound exploration and fracture fixation. About a month and a half later, another fracture fixation operation was done to her right middle finger and she was discharged on 26 June 2017, i e. some 7 weeks after the incident.

10.PW1 was then prescribed with physiotherapy to treat her hands' stiffness and would be followed up by the hospital's outpatient clinic. 

Mitigation

11.He is aged 33, of F. 2 education level.  He worked as a chef.  He has been a cough mixture abuser while a teenager.  He has 2 records for possession of dangerous drugs and 2 records for Part I poison up to 2011.  He has joined detoxification programs with short-term success but soon retracted due to work and life pressure.  On the day in question, he had consumed Ice before dining out with PW1.  Back home, he heard voices calling him to harm her.  As a result, he picked up a chopper from kitchen and chopped her a few times. 

12.The 2 psychiatric reports I call before sentence to explore the suitability of hospital order confirm that it is possible that he had heard voices calling him to harm her as he was suffering from drug-induced psychosis at the time of the offence.  Hospital order is not considered necessary but he has to attend out-patient treatment. 

13.His solicitor Ms. Chan refers to the principle that where a defendant was affected by abnormal mental condition at the time of the offence, a discount of sentence might be given to reflect such diminish culpability (HKSAR v Chiu  Peng, Richard CACC 287/2011, applied as for example in HKSAR v Chen Xuehui, HCCC 19/2012). 

14.The injuries were multiple but there is no sign that any of them will be permanent. 

15.There is a joint mitigating letter from his family members to the effect that he was never a violent person.   

Sentencing this Defendant

16.I take a starting point of 3 years.  There is a one-third discount for the plea of guilty.  I further reduce his sentence by 8 months to reflect diminished culpability for his consumption of drug leading to his commission of the offence.  The sentence is 1 year 4 months.