HKSAR v. O Chun-yeung and Another

DCCC604/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 604 OF 2010

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Reasons for Sentence

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1.Defendant, please stand up.  On the previous occasion, you were convicted of five charges.  One of theft of the victim’s money, three of assaulting the victim, and lastly, false imprisonment of the victim.

2.You are only 17 years old.  The facts of the case I said on the last occasion are serious.

3.You have abused your school friends, PW1 and 2, mainly PW1.  Under false pretences, you met up with PW1 on the afternoon of 18 April 2001, and PW1 was subjected to hours and hours overnight of not only physical harm but also mental anguish.

4.You also dragged the 2nd defendant, your new girlfriend, into this situation. 

5.One of the first things you did was to steal money from PW1’s bank account using his ATM card.  Only someone who is frightened would give out their password to their bank account.  In fact, you had him scared for almost two days with threats allegedly from your triad “big brother”, and you told him you had instructions from your “big brother” to assault him because he must have offended somebody.  You even told him that your “big brother” had asked him to hammer burnt nails into his body and you fetched a spanner, a hammer and nails, which he saw.

6.He was told by you that he had to raise $50,000 to settle this matter with your “big brother”. 

7.The poor boy then had to call his mum and friends to try and make up excuses to raise some money, obviously unsuccessfully.

8.You both stayed overnight in a park.  The next day you went to the 2nd defendant’s home, where you assaulted him, with not only punches and slaps, but also burnt him with a lighted joss stick.

9.You lowered the amount he had to raise to $5,000, but despite his attempts, he could not even raise that. 

10.The next step was to tell him to find a scapegoat, another person to stand in his shoes, so he out of desperation called PW2.

11.Before this PW2 arrived, you told PW1 to get the spanner and hammer.  When PW2 arrived, he was told he had to help PW1 raise $50,000 to settle some matter with your “big brother”, then suddenly you assaulted first PW1 then PW2 with fists and kicks.

12.You got a hammer out and hit the wall and then threw it at PW2, and then you walked towards him swinging a spanner, which hit his arm that he had held out to ward off any blows.  To finish off this assault, you again burnt PW1 with a lighted joss stick.

13.As if all that was not frightening enough, PW2 was ordered by you to tie up PW1 with string and then later untie him.  You took PW2’s wallet and mobile so that he could not run away.

14.At 2.30 in the morning you all went to Mc Donald’s, where PW2 quietly sought assistance from a manager there, and the police were called.

15.PW1, despite this going on for two days, never left you because he was afraid that you knowing his address would cause problems to his family.

16.PW1 and PW2 did suffer injuries and burns.  I accept none of them are very serious. There were no broken bones or lasting injuries, but the ordeal must have been very frightening and serious for both, particularly PW1.

17.You admitted to the police that you had made up the story about your “big brother”.  You were looking to get some easy money.  You made a full admission to the police.

18.Despite only being 17, you have under your belt three probation orders.  Before that, you were on a care and protection order imposed by the Juvenile Court in 2008.  Thereafter, you were put on probation in December 2008 for theft and crimes of violence.

19.The second probation order was imposed in June 2009 for common assault.

20.The third probation order was imposed in July 2009 for claiming to be a member of a triad society.

21.I have seen the last probation officer’s report for the probation order for July 2009.  That probation officer was of the view that you were a borderline case for continuing probation, but ultimately, the probation officer agreed to accept you for probation with many stringent conditions.

22.After you were put on probation for this last time, one of the conditions that arose during the course of probation was for you to receive residential training in the Christian Fellowship of Pastoral Care for Youth, and the admission date was 18 April 2010, the first date of these offences.

23.You refused to go because you had met a new girlfriend, D2.  You had a plan to make some easy money from PW1 and run away with D2.  This plan shows what an immature youth you are, plus, as highlighted from the report, you crave attention, which is why you were not prepared after having met a new girlfriend to go to receive residential care.

24.With this background and considering the facts of this case, on the last occasion I adjourned for a full range of reports including a psychiatrist’s report and a psychologist’s report.

25.The psychiatrist says that you do not require any psychiatric care, but you have significant conduct problems.

26.The psychologist says, and the report is very full and detailed, but the conclusion is you have a conduct disorder, which could explain your violent behaviour of the last two years.  The psychologist concludes that you use habitual violence due to your negative peer influence, poor emotional control, and your irritable and impulsive personality.  Dr Lee’s final conclusion is that the risk for you displaying future violence is deemed high.

27.I am sure this is an accurate assessment based on the fact that at 17 you already have several convictions for offences of violence.

28.The doctor’s view is that you require psychological intervention treatment.  She reports that you accept that is correct, and the first step to reforming yourself and helping yourself is to accept that this is true and accept treatment, which is a good sign.

29.The Detention and Training Centre report again is also very detailed.  I will not repeat the background that it sets out.  It gives your family background, and it sets out that from as early as October 2006 when you were only 13 years old, problems surfaced.  That would have started because of peer pressure and negative peers.

30.From as early as 2006, your parents really had lost control.  They are very loving and supportive parents.  Despite all the problems that you have exhibited, they have not and will not give up on you.  Clearly the problem is that they are unable and have been unable to control you and guide you.

31.Impulsive 13, 14, 15-year-old boys who stay out late at night or all night are bound to run into trouble.

32.A care and protection order imposed as early as March 2008 could not help the defendant’s parents control him and ensure he led a disciplined life.

33.The following probation orders, and supervision, again were not enough. 

34.I heard very lengthy mitigation on the last occasion, and a lot of letters were submitted explaining the family background and asking for leniency on your behalf.  These letters came from your parents, church friends and supporters, and yourself.

35.I have been told today and I have seen confirmation by way of a letter that St. Stephen’s Society will accept you into their residential program of at least 12 months.

36.The reports I called for deems you suitable for detention in a Detention Centre.

37.Counsel on your behalf has asked me to consider giving you a chance to go to St. Stephen’s and imposing suspended sentences.

38.If I took that course of action, St. Stephen’s would require you to go there voluntarily, and I am not convinced that will happen.  I am afraid it is too late. 

39.You have had many chances under probation officer’s supervision, and clearly it is time now to consider a different form of rehabilitation.

40.So after careful consideration and despite counsel trying his best on your behalf, I am going to follow the recommendation of the report.

41.You face five charges.  For each Charge, 2, 3, 4, 5 and 8, I will impose a Detention Centre order, to be served concurrently.