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HCCC323/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 323 OF 2009
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Before:
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The Honourable Mr Justice McMahon
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Date:
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6 July 2010 at 9.40 am
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Present:
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Mr Frederic Whitehouse, on fiat, for HKSAR
Mr John D B Hemmings, instructed by W K To & Co., assigned by the Director of Legal Aid, for the Accused
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant was charged with the murder of his next-door neighbour but was convicted, after trial before a jury, of manslaughter on the basis of diminished responsibility.
The defendant suffers from a severe case of paranoid schizophrenia. He killed the victim in this case on the basis she was poisoning his air, was a spy and had done various other things to harm him. The killing was particularly brutal and involved the defendant breaking into the victim’s flat when she was alone, and killing her in a bathroom by stabbing her in the throat and in various other parts of her body.
The defendant’s illness causes him to suffer hallucinations and delusions of persecution. His persecutory delusions and antagonisms extend readily to ordinary members of the community with whom he comes into contact in his daily life. A diary he kept illustrates this convincingly and underlines the danger the defendant poses to the community.
The present medical reports suggest a very unfavourable prognosis for the defendant. He has no insight into his illness, will not accept treatment and remains prone to “act out his psychotic symptoms in extremely violent manner”. Both reporting doctors, Dr W K Choi and Dr S H Lui, recommend that an order for an unspecified period be made pursuant to section 45 of the Mental Health Ordinance.
I am satisfied the requirements of that section have been met. Given the history of the defendant and the very high risk he poses to the safety of others, I agree with the medical recommendations and order that the defendant be detained in a psychiatric centre.
I might add that, in my view, the utmost caution should be exercised before any consideration is ever given to releasing the defendant back into the community.
While Court of Appeal allowed the Defendant's application to seek leave to appeal out of time, application for leave to appeal dismissed by Court of Appeal. Please refer to CACC276/2010 dated 10 August 2011 |