HKSAR v. Lau Kai Hoi

Case No.HCCC 386/2009
Court
High Court CFI
Date26 Jan 2011
Judge
Case Document
100%

HCCC386/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 386 OF 2009

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  HKSAR  
  v  
  Lau Kai-hoi  

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Before:

Hon Saw J

Date:

Jan 26 2011 at 4.06 pm

Present:

Mr Newman Wong, on fiat, for HKSAR
Mr Neil Mitchell, instructed by Messrs Tse Yuen Ting Wong, for the Accused
Jury present

Offence:

(1) Murder (謀殺)
(2) Wounding with intent (有意圖而傷人)

Transcript of the Audio Recording
of the Sentence in the above case

COURT: Mr Lau, you have been convicted unanimously of one count of murder and one count of wounding with intent.

I do not intend to traverse the facts which have given rise to these charges and your convictions. It suffices to say that insofar as the count of murder is concerned, I have no choice in my sentencing process. The law provides that for a person in your circumstances, I must sentence you to life imprisonment, and that is what I do.

As far as the 2nd count of wounding is concerned, as I have indicated to your counsel, whilst the jury have properly convicted you of this charge on the basis that you intended, at the time, to stab not Madam Tai, who is the victim of that charge, but Mr Chan, who was the victim of the murder charge, nevertheless, your intention at the time was, if you had succeeded, to inflict upon him grievous bodily harm.

It is indeed fortunate insofar as Madam Tai is concerned that the injuries that she sustained in your attempt to stab Mr Chan were not serious, because they could have been a lot worse.

In the circumstances, I consider that the appropriate term of imprisonment is one of 4 years, and I will therefore, in respect of the 2nd count, order that you be imprisoned for a period of 4 years.