HKSAR v. Lai Yik Fong

DCCC778/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 778 OF 2010

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Reasons for Sentence

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1.Defendant is convicted of one count of wounding with intent. Evidence revealed that, at the material time of the offence, although the defendant and PW1 divorced they still lived under the same roof. Apparently they frequently had disputes before this incident, and the present incident took place also because of a dispute between the two as to the use of a stove. In the course of the dispute the defendant chopped PW1 twice, causing serious chop wound to PW1.

2.As submitted by the defence counsel, which I accept, this is a case of domestic violence, not premeditated, and arising out of a minor dispute which turned out to be an unfortunate incident. 

3.Be that as it may, resort to violence in solving domestic dispute is to be discouraged.  And in this case, in the light of the serious injuries received by PW1, an immediate custodial sentence should be considered.

4.In sentencing the defendant I will take into account his elderly age, his poor health, the background of this case and the previous good character, and also the mitigation put forward by counsel. 

5.I will take 12 months as a starting point. Because of defendant’s clear record I will further reduce it to 9 months.