HKSAR v. Fan Chin Fung

DCCC398/2010, 545/2010
& 755/2010 (CONS)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 398, 545 & 755 OF 2010

(CONSOLIDATED)

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Reasons for Sentence

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1.Defendant, you appeared as D3 in this case, and you were convicted, after trial, of one offence of causing grievous bodily harm with intent, contrary to section 17 of Offences Against a Person Ordinance, Cap. 212. The other offence of unlawful assembly was dismissed.

2.The facts of the offence in the interest of the victim were dealt with at length in my verdict delivered on 10 December in this court.  I neither have need, nor do I intend to repeat those findings, suffice it to say that my finding in your case was that your assault on PW4 was spontaneous. 

3.You were not a member of the armed mob who were intent upon mischief, that is the mob that assembled outside the restaurant.  I accepted that your attendance at the scene was initially innocent, and that you went there to meet friends and became embroiled in the situation.  That you tarried there instead of removing yourself from the scene does you no credit.  It was probably out of a sense of nosiness that caused you to move with the mob to the car park, and there, for reasons which are entirely unclear, you picked up the metal strip and assaulted the victim not once, but two to three times. 

4.I accept that you were not one of the instigators of the attack, nor were you one of the ringleaders, that your part was largely peripheral. 

5.You admitted to one previous caution for an unconnected matter, but at the time of the assault you have no previous convictions.  I also note that you were only 15 years of age. 

6.I adjourned the case for a range of reports.  Those reports are before me, and I note there is a strong and logical recommendation for detention centre. 

7.On your behalf, Mr Chiu entered mitigation.  He told me that: you largely accepted the contents of the report, subject to a couple of amendments and changes; you did not quarrel with the recommendations; during your period of remand you have gained insight into your misdeeds; and that you have realistically accepted the community service is not a proper option. 

8.I am urged, therefore, to follow the recommendation for detention centre.  I am told it is your wish to serve your sentence and then come back into society and serve a useful purpose.  It is clear throughout that you have and you had a protective father, perhaps overprotective in some ways.  But, generally, it is a good thing that your family are standing by you.  I accept that you are generally remorseful. 

9.I turn now to the sentence.  This is serious offence.  It is one in which, if you were an adult of full years, I would not hesitate to send you to prison for a substantial period. 

10.However, there are certain points which are mitigating, in my opinion: first of all, that you were but 15 years of age at the time of the assault and had no previous convictions; secondly, that your attendance at the scene was, as I have said, initially innocent.  You went there to meet friends and became embroiled in the situation; you were not part of the armed mob that assembled there for the purpose of mischief; thirdly, that your involvement was spontaneous, and that you saw the victim who was being attacked by others and you joined in by picking up the metal strip and striking him two to three times.  Why you did that is the most worrying aspect of this case.  You had ample opportunities to remove yourself from the scene; fourthly, as I have already said, I am satisfied you are neither an instigator of this attack, nor were you a ringleader.  It is perhaps a sign of your immaturity that you were drawn into it; fifthly, I do accept that you are genuinely now remorseful; sixthly, you do have family support; and finally, I look to the reports themselves, whether as a positive and logical recommendation for detention centre it is felt that the discipline there will help you to mature and to come to terms with your life. 

11.Whilst making no mistake, detention is not a soft option by any means, but it does give you a chance to reform yourself, to correct your behaviour and re-enter society with the support of your family. 

12.Therefore, I do make a detention centre order.