COURT: The defendant, Tam Yun-chiu, faced one count of murder, contrary to Common Law and punishable under section 2 of the Offences against the Person Ordinance, Chapter 212. The defendant pleaded not guilty to the charge but admitted manslaughter by an unlawful and dangerous act. The prosecution did not accept this lesser plea and a trial was conducted before a jury. The jury found the defendant guilty of murder.
Summary of Facts
On 19 September 2003, the deceased, Ho Lok-man, came across the defendant, Tam Yun-chiu, while waiting for a lift at Amoy Gardens. The defendant was smoking a cigarette at a non-smoking area. The deceased and the defendant did not know each other. The deceased and the defendant had an argument inside the lift over the defendant’s smoking. When the lift arrived at the podium level, the defendant followed the deceased out and assaulted the deceased by punching and kicking the deceased. The whole incident was captured by CCTV.
After the defendant left the scene, the deceased reported the incident to the police and was taken to the United Christian Hospital for treatment. The deceased was discharged home on 20 September 2023. Later that same day, the deceased vomited and fell into a coma at home and was rushed to the Queen Elizabeth Hospital. Despite emergency surgery and treatment given, the deceased died on 1 October 2023, never regaining consciousness. The cause of death was hypoxicischemic encephalopathy and head injury.
Medical evidence showed there was a subdural haematoma inside the deceased’s skull and the pressure build-up pushed the brain to one side, resulting in a significant midline shift. Blunt trauma to the head, such as kicking, could have caused the tiny blood vessels in the dura to bleed slowly. Eventually, the blood filled up the cavity inside the skull, pushing the brain to one side and rendering the deceased unconscious. Emergency operation was conducted to remove the blood clot, but the deceased stayed in a coma and finally died on 1 October 2023.
The defendant was arrested by the police on 21 September 2023 and cautioned for the offence of Wounding with Intent. The defendant admitted having assaulted the deceased as the deceased swore at him and he was seized by anger at that moment. Later, in two video-recorded interviews, the defendant admitted punching and kicking the deceased.
By finding the defendant guilty of murder, the jury unanimously found that when the defendant caused the death of the deceased, he had the intention to cause the deceased really serious bodily harm.
The Background
According to the antecedent statement, the defendant was born in 1974, so he is now 52 years of age. He has a clear record. He has a wife and two children. This is clearly a very sad incident. The defendant is a person of good character and now he had been found guilty of murder. Under the law, there is only one sentence I can pass and that is life imprisonment.
Sentence
For the offence of murder, the defendant is sentenced to life imprisonment.
