HKSAR v. Cheng Wing Kin
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DCCC1127/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1127 OF 2010 ----------------------
--------------------- Reasons for Sentence --------------------- 1.The defendant has pleaded guilty to a charge of wounding with intent. 2.The offence was committed on 21 August 2010 at the security control room of the University of Science and Technology in Tseung Kwan O. 3.The facts admitted by the defendant disclosed that the victim, who is aged 44, was then a security guard working at the Hong Kong University of Science and Technology. 4.The defendant used to be his colleague but he resigned from the job and left that position in October 2008. Thereafter, the victim and the defendant had no contact with each other. 5.In July 2009 the defendant worked again at Hong Kong UST, this time as a driver. However, his working performance was not satisfactory and this was reported by the victim to his supervisor, and 20 days later the defendant left that employment. 6.At about 7 pm on 21 August, the victim reported for duty and was working in the security control room. 7.At about 7.30 the victim saw the defendant walking into the control room with something in his hand. The victim greeted the defendant and carried on working. 8.All of a sudden, the defendant used a knife with its blade 31 centimetres long to chop the victim’s right hand. The victim kicked the defendant on his leg and threw a chair towards the defendant to stop him from chopping him further. The victim questioned the defendant and the defendant yelled, “You are cheeky. You harass my girlfriend”. 9.The defendant then rushed towards the victim. The victim immediately fled away and ran along a corridor and staircase towards the security control centre to look for assistance. 10.He was pursued by the defendant and chopped at his back, and upon reaching the security control centre, the victim had almost lost consciousness. 11.A second police witness, who was then working in the security control centre, saw the defendant holding the weapon in his right hand and swearing at the victim. He asked the defendant to calm down and then pushed the defendant outside the security control centre and made a report to the police. 12.The defendant was arrested outside the security control centre and admitted the chopping, under caution. 13.When he was later videoed, a video-recorded interview which was later took place, the defendant said he chopped the victim with the knife on his hand and once on his back. He said at the material time, he attacked the victim because the victim got his friend’s contact number from his mobile phone and caused a nuisance to his friend. 14.He said that on the afternoon of the day of the offence, he intended to chop the victim. He bought the knife in a shop in Shui Wo Street in Kwun Tong and took a public light bus to the university. 15.He admitted chopping the victim inside that room, and chasing and chopping the victim’s hand. He also admitted chopping his back. 16.The victim was immediately sent to the Accident & Emergency Department of Queen Elizabeth Hospital and was later transferred to the Department of Orthopaedics and Traumatology at the hospital, and after examination he was found to have sustained a number of injuries:
17.Emergency operation was performed on the victim the same day. The fracture of the styloid and lunate was reduced and fixed. The right hand lacerated tendons were repaired primarily. Other wounds over the body were explored and sutured. 18.The victim was treated and finally discharged from the hospital on 23 August and he is followed up at a specialist outpatient clinic. 19.I have seen recent pictures taken of the victim and he seems to have made a good recovery. 20.The defendant has a number of previous court appearances. At the time of the offence, he was on probation. That was for an offence committed in October 2009 of assault occasioning actual bodily harm. 21.There have been four court appearances prior to that. His only period of imprisonment was when he was sent to prison in 2001 for theft, when he was sent to prison for 12 months. 22.In mitigation, I was told that the defendant is 31, he was born in Hong Kong and he had suffered from psychiatric disorder for the past six years. 23.Having been told that, I adjourned the case so that I could have the advantage of a background report and also psychiatric reports. 24.Those reports confirm the fact that he has been known to the Mental Health Service in Hong Kong since 2005, and he presents with auditory hallucination, persecutory delusion, delusion of reference, and was diagnosed and treated as suffering from schizophrenia. He had been admitted to the Tai Po Hospital in 2006 and was subsequently followed up at the outpatient psychiatric clinic. 25.Because of his poor insight and erratic treatment compliance, he was put on regular depot injection. Apparently he would miss appointments, claiming to have been busy at work. 26.He deluded that had acted against the decision of the heaven by not accepting the blessing from his deceased grandmother, and therefore, he was being punished. 27.He said he worshipped the god of the moon, that the god gave him power to control the weather, and after that, strange things kept on happening, one followed by the other. 28.I was told that the reason for his poor compliance was the fact that he was holding down two jobs in an effort to make a financial contribution to his sister who was getting married. 29.The defendant also has a history of drug abuse, but it was urged upon the court that the offence was committed because of his illness, rather than because of his drug problems. 30.I am told that he regularly makes contributions to a non-government charity, and proof of that has been supplied to the court. 31.He has a supportive mother who has turned up at court today. 32.Letters have been submitted to the court on behalf of the defendant, in which he regrets the offence and apologises to the victim. 33.In mitigation, it was urged upon me that following the offence, the defendant did not try to get away. He stayed at the scene for some time until the police arrived, and fortunately, there is no permanent injury to the victim. 34.As counsel quite rightly acknowledges, this was a very serious attack by the defendant, and I accept that at the time he was suffering from mental illness. 35.The defendant had gone to the university equipped with the substantial weapon, which he later used on the victim. He chopped the victim on a number of occasions and chased the victim, but he tried to run away, and continued to chop him. The victim almost lost consciousness and was taken for emergency treatment to the hospital. 36.I have outlined the number of injuries sustained by the defendant and the serious nature of those injuries. 37.In my view, a sentence of imprisonment is inevitable in this case, and, given the psychiatric reports, the defendant will receive psychiatric treatment whilst he is in prison. 38.I take as a starting point for this offence a sentence of 5 years’ imprisonment and that will be reduced to reflect the guilty plea of the defendant. 39.The defendant will go to prison for 40 months.
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