HKSAR v. Wong Wing Sum

DCCC 330/2021

[2021] HKDC 1083

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 330 OF 2021

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REASONS FOR SENTENCE

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1.Mr Wong pleaded guilty before me to one charge of Wounding with intent, contrary to section 17(a)  of the Offences against the Person Ordinance, Cap 212. Particulars are that he, on 8 January 2021, at 7-Eleven Convenience Store, Shop Nos A10-A13, Ground Floor, Kingswood Richly Plaza, No 1 Tin Wu Road, Tin Shui Wai, New Territories, in Hong Kong, unlawfully and maliciously wounded Sy Gou Wei with intent to do him grievous bodily harm.

Summary of the facts admitted by Mr Wong

2.On 8 January 2021, at about 8:30 am, Mr Wong was skateboarding outside Kingswood Richly Plaza.  Sy ie the victim named in the charge had eye contact with him.  Mr Wong shouted, “What are you looking at?”  Sy then ceased looking and walked towards the subject 7-Eleven Convenience Store.

3.When Sy reached the entrance to the Store, Mr Wong was still swearing at him and walked quickly towards him.  They started quarrelling.  Whilst inside the Store but near the entrance, Mr Wong bumped his chest against Sy.  Ignoring Sy’s call to move away, Mr Wong swore at him and took out a key-chain cutter from the pocket of his upper garment.  Mr Wong kept bumping his chest against Sy and kicked Sy.  Sy asked the Store assistant to call the police.  Mr Wong then hit Sy’s head with his right hand.  Sy reacted by punching Mr Wong.  They got into a struggle.  Using the key-chain cutter, Mr Wong attacked the left side of Sy’s face and neck resulting in bleeding.  They were eventually separated by a passer-by.

4.Police arrived and upon search found the key-chain cutter with bloodstain in Mr Wong’s upper garment pocket.  Mr Wong was arrested and under caution kept nodding without saying a word.

5.Sy was sent to the hospital and he was found to have two laceration wounds over the left side of his face and a laceration wound over the left submental region.

6.Mr Wong now admits that at the material time, he unlawfully and maliciously wounded Sy with intent to do him grievous bodily harm.

Criminal record

7.Mr Wong has a clear record.

Antecedents

8.Mr Wong is aged 29 (28 at the time of the offence), educated to F5 level, unemployed but had previously worked as a construction worker and delivery worker.  He is single and resided with his parents and elder sister in public housing in Tin Shui Wai.

Psychiatric reports

9.On 11 August 2021, I ordered two psychiatric reports on Mr Wong. What came back were two reports written by two different Visiting Psychiatrists of Siu Lam Psychiatric Centre neither of which recommended inpatient psychiatric treatment.  Both doctors alluded to the fact that Mr Wong’s mental condition has improved with medication.

Mitigation

10.Ms Fanny Wong of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Wong.

11.The following is a summary of the mitigation submissions.

12.Mr Wong carried the key-chain cutter for the purpose of repairing his skateboard.

13.It was submitted that the victim was hospitalized for one day during which his three laceration wounds were stitched up; and he was given 5 days’ sick leave.

14.When Mr Wong was working as a construction worker, he was earning $16,000 a month until he was laid off in July 2020.  After becoming unemployed, he accumulated debts of up to $100,000 in playing mobile phone games.  He was visited by unknown people towards the end of 2020 in relation to those debts, which put him under considerable pressure.

15.Ms Wong submitted that sentencing for the offence of “Wounding with intent” is very case specific and there is no tariff as such, but the usual range of sentence is between 3 and 12 years’ imprisonment.  Ms Wong referred to HKSAR v Roka Sijan, CACC 281/2017, at para 53 thereof, to submit that the Court of Appeal listed some key factors in determining the appropriate level of sentence for this type of offence ie the nature and circumstances of the assault, the use of a weapon and the circumstances of its use, the defenceless state of the victim, and the nature and effect of the injuries suffered by the victim.

16.Here, the assault was halted quickly by a passer-by resulting in no permanent injuries in the victim.  Ms Wong submitted that there are no factors in this case calling for a higher starting point.

17.Ms Wong submitted two mitigation letters respectively written in Chinese by Mr Wong’s elder sister and father.  The contents generally are that Mr Wong is regretful for having caused injuries to the victim; that he is a filial son and a responsible person; that a chance to reform is urged on his behalf.

18.After the most recent psychiatric reports have become available, Ms Wong submitted that they have been explained to Mr Wong.  Ms Wong acknowledged that the reports did not recommend a hospital order because Mr Wong has responded well to treatment while detained in Siu Lam.

Sentence

19.I have considered the mitigation submissions and the contents of the two psychiatric reports on Mr Wong.

20.There is nothing in either of the psychiatric reports to suggest that Mr Wong was affected by any mental illness he might have had at the time of the offence.

21.I am satisfied that a Hospital Order under section 45 of the Mental Health Ordinance, Cap 136, is not warranted.

22.From the agreed facts, it appears that Mr Wong started the commotion and was the first to use physical violence.  The victim merely acted in self-defence.

23.I have seen the weapon in question.  It is a smallish cutter blade encased in a plastic flat shell one side of which has a plastic switch.  By pressing and pushing the plastic switch along its path, the user enables the blade to protrude out from the shell hence making the exposed blade capable of causing injuries and/or damage.  When the plastic switch is released, the blade is automatically retrieved into the shell by means of an elastic/spring mechanism.

24.I have seen the injuries caused to the victim by Mr Wong.  Photo Album 4/5 shows heavy bleeding on left side of neck region on the day of wounding. Photo Album 5/5 shows the state of recovery 8 days after the day of wounding: in particular, photo 3 shows the long laceration wound from the left earlobe down to near the chin area; photo 4 shows the shorter laceration wound from the chin down to the throat area.  It can be seen that both of these laceration wounds are located quite near the neck artery/ies.  The consequences of the attack could have been fatal.

25.For completeness, the prosecution has also handed up Photo Album 1/3 which shows the scene and the cutter in question.  Copy initial medical reports of the victim and Mr Wong have been made available to the court.

26.In this case, there is little doubt that an immediate term of imprisonment of substantial length would be the only realistic sentencing option.

27.A clear record counts for little in terms of mitigation in such a serious crime.

28.Having taken all relevant circumstances into account, I adjudge a starting point of 4 years to be appropriate.

29.Mr Wong pleaded guilty in time.  He is entitled to a 1/3 discount. There are no other mitigating factors of weight to call for any further reduction in sentence.

(Mr Wong, please stand)

30.The sentence for Mr Wong is 32 months’ imprisonment.