HKSAR v. Chamadia Akash Kanji

DCCC1300/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1300 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, Cap. 212, Laws of Hong Kong, the particulars being that you, on 25 August of last year, outside the Excelsior Plaza in Causeway Bay, unlawfully and maliciously wounded Edward Kong with intent to do him grievous bodily harm.

2.The background to the assault itself is contained in the Summary of Facts, which you have admitted, and confirm that you met one Carol Lai in December of 2009, when you were teaching yoga.  You started a relationship with her, and she became pregnant with your baby in March of 2010.  However, for one reason or another, the relationship between yourself and Carol Lai took a turn for the worse, and she resumed seeing her old boyfriend, the victim in this matter.

3.At the material time, that is 25 August of last year, at about 7.45 pm, you met Carol Lai and the victim outside the Excelsior Plaza and told Carol to leave the victim.  She refused.  You left, but returned a short time later, attempted to talk to Carol, who brushed aside your attempts. You took out a hammer from a plastic bag that you were carrying and struck the victim over the back of the head once, causing the victim’s head to bleed.  I should say that the blow must have been struck with some force as the hammer broke into two parts. 

4.This was a wicked attack on the victim, and it is through no thanks to you that the victim was not more severely injured.  He suffered two lacerations over the occipital region of his skull, about 2 centimetres and 3 centimetres in length respectively.  The laceration was sutured, and he received five stitches.  It is most fortunate that PW1’s skull was not fractured as a result of this attack, which could have had extremely serious consequences for the victim.

5.I am told that the victim has now completely recovered, and the prosecution tell me that he is prepared to accept from you the sum of $3,000 as compensation.

6.You are 26 years of age now and were born in India.  You, I am told, came to Hong Kong in December of 2009 and shortly after that came to know Carol Lai with whom you became romantically involved.  I have received a letter from Carol Lai, who, despite your wrongdoing, is standing by you.  She tells me that she sees you daily in prison and is convinced that you are repentant.

7.I am satisfied that this offence is completely out of character.  You are not a violent person.  You have a clear record. This offence was precipitated due to a feeling of jealousy and helplessness on your part due to Carol Lai resuming her relationship with her old boyfriend. That does not, of course, excuse what I have already said is a wicked attack, striking a man from behind on the head with a hammer.

8.In sentencing you I take all that has been said on your behalf by way of mitigation, but it is your plea of guilty which reflects your genuine sense of remorse that counts the most. 

9.The most generous starting point I can adopt for such a serious offence is one of 3½ years’ imprisonment.  I will discount this by one-third to take account of your plea of guilty, coming to 28 months’ imprisonment.  In addition, I order you to pay the sum of $3,000 to the victim by way of compensation.

Please refer to CACC58/2011 for the relevant appeal(s) to the Court of Appeal.