HKSAR v. Lam Ping Chau

DCCC927/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 927 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an offence of wounding with intent, contrary to section 17(a) of the Offences Against the Person Ordinance, the particulars being that you on 7 July of last year unlawfully and maliciously wounded Cheng Chung-yan with intent to do her grievous bodily harm.

2.The Summary of Facts which you have agreed quite simply establish that you subjected your ex-partner, the victim, to a sustained and brutal attack in the early hours of 7^th July of last year.  Your relationship ended in February.  You had lived together for some time and have a 9‑year-old son.  You entered her premises that early morning quite uninvited, punched her in the head repeatedly, used a bundle of keys to stab her in the face seven to nine times and then dragged her by her hair from the bed to the balcony, banging her head against the glass door three to four times, causing the glass door to smash.

3.Whilst I am prepared to accept that your actions that day were brought about due to feelings of jealousy and helplessness at having lost your partner to another man, this is a totally unacceptable way of attempting to solve your problems.  The fact that you were intoxicated at the time is not a matter that assists you by way of mitigation.  You are 30 years of age and do have a number of previous convictions, but I do note that your last conviction was some 11 and a half years ago.  You have, quite obviously, made some effort to keep out of trouble over the past years, and in sentencing you, I take no account of your previous convictions.

4.I also note that the victim has forgiven you for your terrifying assault on her that early morning.  Once again, this is not a matter that weighs heavily in your favour, the strongest mitigation being your sense of remorse which is reflected by your plea of guilty.  I will give you due credit for that.

5.Fortunately, the injuries suffered by the victim were not too serious, but this is no thanks to you who, behaving in a fit of rage, could quite easily have caused more severe injuries to her.

6.Taking everything into account, I adopt a starting point of 3 and a half years’ imprisonment.  I will discount that by one-third to take account of your plea of guilty, coming to 28 months’ imprisonment.