HKSAR v. Ko Nga Ching, Victor

DCCC 1102/2018

[2019] HKDC 988

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1102 OF 2018

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REASONS FOR SENTENCE

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1.The defendant is acquitted after trial the charge of section 17 of OAPO, but convicted under section 19 of OAPO, for which he intends to plead guilty to at the outset.

2.He is now 47 years old.  He received education up to Form 3.  He worked as a decoration worker and was unemployed on the date of arrest.

3.He has a number of previous conviction records, including 2 assault occasioned actual bodily harm respectively in 1990 and 2008, 1 wounding with intent to do grievous bodily harm in 1995.

4.Sentencing in this kind of offence is very much case specific and there is no tariff.  I accept that the attack on PW1 was not pre-planned.  However, the defendant used a wooden rod to hit PW’1 head, resulting injuries including “scalp wound with bleeding. …… two scalp laceration, 2cm over right frontal and 3cm over left parietal… There were abrasions over left forearm and right hand.”

5.Taking into account of all the circumstance, including the use of weapon and the injuries sustained by PW1, I adopt a starting point of 15 months’ imprisonment.

6.The only mitigation factor is the guilty plea, for which a full one-third discount will be given.  The defendant is sentenced to 10 months’ imprisonment.