Read the full judgment text of CAAR 000003/2006 on BabelCite. This Court of Appeal judgment was delivered on 10 January 2007 before Ma CJHC, Stock JA, McMahon J.
Criminal law – sentencing review – wounding with intent to resist or prevent lawful apprehension – section 17(a) Offences against the Person Ordinance (Cap 212) – possession of offensive weapon in a public place – section 33(1) Public Order Ordinance (Cap 245) – sentence manifestly inadequate – application by Secretary for Justice under section 81A Criminal Procedure Ordinance (Cap 221) – police officer stabbed in neck with 8-inch fruit knife during patrol – victim suffered severe brain damage from severed left common carotid artery – victim left in near vegetative state, totally disabled, hospitalised in Guangzhou with bleak prognosis – whether overall sentence of 6 years manifestly inadequate or wrong in principle – starting point of 15 years appropriate having regard to catastrophic injuries and public interest in protecting police – guilty plea warrants one-third discount only, yielding 10 years – whether sentences should be consecutive rather than concurrent – totality principle does not require consecutiveness in single transaction – mitigating factors: genuine remorse, guilty plea, clear record, severe long-standing personality disorder (Avoidant Personality Disorder, possible Schizoid Personality Disorder), domestic difficulties, unpremeditated act committed in moment of panic – aggravating factors: knife purchased for robbery, catastrophic and near-fatal injuries, attack on police officer in course of duty, need for general deterrence – application for review granted – sentence increased from 6 to 10 years – starting point 15 years; one-third discount (5 years) for guilty plea; no further discount appropriate.
Legal issues: Whether overall sentence for wounding with intent is manifestly inadequate · Whether sentences for the two charges should be consecutive rather than concurrent · Appropriate starting point for wounding with intent under s.17(a) Cap.212
Outcome: Application for review of sentence granted; sentence for wounding increased from 6 years to 10 years' imprisonment; sentence for possession of offensive weapon remains 8 months to be served concurrently.
Cited by 5 cases · Cites 3 cases