HKSAR v. Lee Shiu Shing
|
DCCC704/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 704 OF 2010 --------------------
--------------------
--------------------- Reasons for Sentence --------------------- The defendant was charged with wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance, Cap.212 The defendant pleaded guilty and admitted the facts, he is convicted accordingly. Facts The defendant and the victim are brothers. On 16 April 2010, the victim’s ex-girlfriend together with other males caused nuisance to the family of the defendant and the victim. On 17 April, the victim asked the defendant accompanied him to locate the ex-girlfriend, but failed. On their way home, on board a taxi, the defendant blamed the victim of causing trouble to the family, the two had an argument. In the heat of their argument, the defendant took out a knife and stabbed the victim’s right thigh once. The victim got off the taxi, the defendant chased after and stabbed the victim’s left chest once with the knife. As a result, the victim sustained injuries, first treated at Kwong Wah Hospital, later transferred to Queen Mary hospital for emergency operation and was discharged on 28 April 2010. The victim sustained the following injuries;
On seeing injuries caused to the victim, the defendant chased after and gave a further stab to his chest. As a result, the victim needed to undergo emergency operation and admitted to hospital for 11 days, sustained serious injuries to his chest wall and liver. The defendant shouldn’t have carried the knife with him, if he was worried with his own safety, he shouldn’t have accompanied the victim to locate the girl. I noted that the defendant was being provoked at the material and that the attack was not premeditated. I consider the appropriation starting point to be 27 months imprisonment. The defendant aged 36, single, living with his mother and his brother (the victim). The defendant had a full time job as a warehouse foreman but he resigned from his position in February 2010 due to pressure. It is noted that he sought medical assistance for his anxiety mood problem since 17 March 2008 and is under medication. The mother stated in her letter that the defendant is a responsible son and made regular family contribution. The victim stated in his letter that because of the nuisance caused by the ex-girlfriend, he bought alcohol to share with the defendant; he believed that the defendant was under influence of alcohol and drugs at the material time as that wounding incident was out of the defendant’s character. The victim admitted he was also responsible for the wounding and urged the court for leniency on behalf of the defendant. The victim also stated that he has fully recovered. The defendant pleaded guilty entitled to 1/3 discount, taken into account the mitigation made on his behalf, I consider that the defendant probably do not aware the effect of alcohol and drug would do to him and I accept that the attack to his brother was out of his character. I further reduce the sentence by 4 months. The defendant has one previous conviction for dropping or allowing object to fall from height, and was sentenced to 14 day imprisonment suspended for 12 month. The defendant is in breach of the suspended sentence and I would activate the sentence in full. Taking into account of the totality consideration, the suspended sentence to run partly concurrent, making a total of 14 months and 7 days. Order The defendant is sentenced to 14 months imprisonment. The suspended sentence of KT/1781/10 be activated in full, 7 days concurrent with the present sentence, making a total of 14 months and 7 days imprisonment.
|
Other judgments that cite this case