HKSAR v. Fu Mei Ling and Another

DCCC 945/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 945 OF 2008

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Coram: Deputy District Judge Dufton in Court

Date of Sentence: 3 April 2009

Charge: Common Assault (普通襲擊)

REASONS FOR SENTENCE

1.The defendants were acquitted at trial of assault with intent to rob and convicted of the alternative offence of common assault, contrary to section 40 of the Offences against the Person Ordinance, Chapter 212 by virtue of section 32 of the Theft Ordinance, Chapter 210.

2.In summary there was a quarrel between the defendants and PW1, which quarrel turned into an unlawful fight with D2 snatching PW1’s walking stick and hitting him on the head causing at 1.5 cm laceration over the back of the head.  Both defendants participated in the attack on PW1, D2 at one stage hitting PW1 on his shoulder.

3.In passing sentence I have carefully considered everything said on behalf of the defendants by Mr Wong and Mr Tse.  I note both defendants are persistent offenders, although D1 has no previous convictions involving the use of violence. 

4.This was a particularly serious assault.  D2 had started the violence by slapping a woman on the face.  When PW1 held up his walking stick telling D2 not to fight he was met by D2 snatching his walking stick and using the walking stick to hit him on the head causing the injury, which required two stitches.  D1 then joined in the attack on PW1.

5.Taking into account D2 is a persistent offender I am satisfied the appropriate starting point in his case is 12 months imprisonment.  At the outset of trial the defendant pleaded guilty to assault, which plea was not acceptable by the prosecution.  However in evidence the defendant sought to say he acted in self-defence, which evidence I rejected.  Accordingly the defendant is not entitled to a one-third reduction in sentence.  I reduce his sentence by one month to one of 11 months imprisonment. 

6.Taking into account D1 has no previous convictions for violence and that her role was clearly less culpable than D2 she is sentenced to 6 months imprisonment.