HKSAR v. Wahaj Fyaz

Read the full judgment text of HCCC 314/2016 on BabelCite. This High Court CFI judgment was delivered on 15 March 2018.

Cites 2 cases

Case No.HCCC 314/2016[2018] HKCFI 160
Court
High Court CFI
Date15 Mar 2018
Judge
Case Document
100%Judiciary

HCCC 314/2016

[2018] HKCFI 160

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 314 OF 2016

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  HKSAR  
  v  
  Wahaj Fyaz  

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Before: Hon E Toh J
Date: 15 March 2018 at 11.16 am
Present: Mr Richard Donald leading Ms Tina Mok, on fiat, for HKSAR
Mr Anthony James Sherry, instructed by Jal N. Karbhari & Co, for the accused
Offence: (1) Murder (謀殺)
(2) Preventing the lawful burial of a body

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

There is only one sentence that I can sentence you to, and that is life imprisonment.

It was a particularly gruesome case, because the victim was callously assaulted and left to die. If you had, perhaps, notified the authorities and got her help, maybe her life could have been saved. But you claim to love her, and yet you left her to die and instead of giving her a decent burial, you then decided to wrap her body up like some rubbish, and dispose of her on the street. So the sentence on the 1st count is for life imprisonment.

And as far as the 2nd count is concerned, Mr Sherry has referred me to two cases, one is the case of HKSAR v Yuen Miu Fun CACC 279/2010 and the famous case of Jutting Rurik George Caton, HCCC 183/2015, where both accused in those cases had disposed of the body by keeping them in a suitcase, I do not see much difference in that. The dignity of the victim witness statement not preserved at all, by leaving her on the streets wrapped in a mattress cover. So I will sentence you on the 2nd count to 3 and a half years’ imprisonment, and of course, that will be concurrent with the life imprisonment on the first count.