HKSAR v. Ng Kin Ying

DCCC 756/2018

[2019] HKDC 892

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 756 OF 2018

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Reasons for Sentence

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1.The defendant has pleaded guilty to a single charge of wounding, contrary to section 19 of Cap 212.

2.He has agreed the facts, which show that the offence originated out of a romantic relationship which the defendant had with another lady.  That relationship had ended in about 2014 but they had remained as friends, and this lady had formed a relationship with another man. 

3.The defendant became annoyed with the former girlfriend in January 2018 and the facts show the defendant went to her flat, armed with a crowbar, where they argued.  The lady called her present boyfriend.  At some point during the argument, the defendant used the crowbar to strike the boyfriend on the head. 

4.The injured person was sent to hospital.  He received a wound on the left side of his head.  There was some suturing, stitching, and he was discharged after four hours of observation.  Fortunately, there was no neurological injury and no continuing problem or injury for the victim. 

5.The defendant is 64 years old.  He is of clear record.  He was working in security when he was arrested.  The defendant was remorseful and had indicated an early plea of guilty.

6.In those circumstances, I wished to consider if there would be any other form of sentencing other than an immediate custodial sentence.  In order to explore that, I have obtained a community service suitability report.

7.The defendant in his statement has said he had taken the crowbar so he could gain entry into the ex-girlfriend’s flat.  He had hit the victim out of a momentary impulse. 

8.Of some importance is that in the mitigation it says that both the victim and the ex-girlfriend have forgiven the defendant. The defendant was said to have been under some stress and financial pressure at the time.

9.Now, turning to the report on the defendant, the supervising officer talks of the defendant’s acceptance of his responsibility, has a clear commitment to performing unpaid work, has positive family support, which would all stand him in good stead for a sentence that could be served in the community.

10.The defendant’s wife has stood by him and apparently forgiven him for the extramarital affair, and he still retains family support from his children as well.

11.Taking all these factors into consideration and also the fact that there is no ongoing injuries to the victim, I consider that, as an exceptional case, the court can deal with this by passing a sentence that would preserve the defendant’s position in the community rather than sentencing him to a sentence of immediate imprisonment.

12.So, in satisfaction of that, I shall impose an order that the defendant serve 200 hours of community service in respect of this offence.

COURT:

And that order requires your consent so you must be aware of the requirements of such an order.

The requirements of such an order are that you must keep the peace, in good behaviour generally. You will be allocated to a scheme of work by a supervising officer. You must complete that work at the direction of the supervising officer and within the time allocated for you to do it.

In any event, that must be completed within 12 months from now. If you have any difficulty in performing the work, you must refer that matter back to the court through the supervising officer to see if there can be any extension for the time for performing the work.

You also must not commit any further offences whilst the order is in force. If you commit any further offence or you breach any of the obligations or conditions of the order, then you could be brought back to this court and sentenced again for the offence of which you were originally convicted.

There will also be a reporting condition on the order that you will sign; you must comply with that.

Do you understand the requirements for you under this order?

DEFENDANT: (Answer not interpreted) 明白。

COURT: And do you consent to perform the work?

DEFENDANT: (Interpreted evidence continues) I understand. I accept.

COURT: All right. Then I will confirm the order: 200 hours of community service order in respect of this matter.