HKSAR v. Tsang Sun Ming

Read the full judgment text of DCCC 917/2010 on BabelCite. This District Court judgment was delivered on 21 December 2010.

1. You pleaded guilty to one count of wounding. Facts revealed that you and the victim were a married couple. On 6 July this year, at home, defendant and victim had a dispute over a very trivial matter. In the course of the dispute, you splashed a glass of hot water at the victim’s face. When the victim attempted to report the matter to the police with her mobile phone, you snatched it away and punched her face twice. Subsequently, when she intended to leave the premises for work, you took a kni

Cited by 2 cases

Case No.DCCC 917/2010
Court
District Court
Date21 Dec 2010
Judge
Case Document
100%Judiciary

DCCC917/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 917 OF 2010

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  HKSAR  
  v.  
  Tsang Sun-ming  
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Before: Deputy District Judge A. Yuen
Date: 21 December 2010 at 10.19 am
Present: Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Fong Wai-kin, Raymond, instructed by Peter C Pan & Co., for the Defendant
Offence:  Wounding (傷人)

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Reasons for Sentence

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1.You pleaded guilty to one count of wounding. Facts revealed that you and the victim were a married couple. On 6 July this year, at home, defendant and victim had a dispute over a very trivial matter. In the course of the dispute, you splashed a glass of hot water at the victim’s face. When the victim attempted to report the matter to the police with her mobile phone, you snatched it away and punched her face twice. Subsequently, when she intended to leave the premises for work, you took a knife from the kitchen and stabbed her at her right lower abdomen.

2.Victim’s son reported the matter to the police while the defendant escaped from the premises.  Eventually, defendant surrendered himself to the police.

3.Victim was sent to hospital for an operation and was discharged on the 23rd of the same month.  Medical examination revealed that the victim received a deep cut wound which, apparently, injured both the muscle and some of the nerves of the victim, causing weakness to her right lower limb.  It is fortunate that the victim is recovering with a satisfactory progress at the moment.

4.This is a serious case of domestic violence where defendant attacked his wife because of a very minor dispute, and a 1-foot knife was used.  The court finds this totally unacceptable, and court takes a serious view of this kind of domestic violence, and a deterrent sentence is a must.  The fact that the defendant was under the influence of alcohol at the time of offence is by no means an excuse. 

5.Past criminal record of the defendant also suggests that defendant is a person who is prone to resort to violence in resolving dispute.  The defendant was sentenced to 6 months’ imprisonment in 2008 because of a similar offence.  Yet, defendant did not learn a lesson at all and committed the same offence this year and this time against his own wife. 

6.In sentencing the defendant, I will take 2 years as the starting point.  Because of defendant’s plea, I reduce it to 16 months.

  A. Yuen
  Deputy District Judge