HKSAR V Lui Ping Yuen, Lecky

Case No.HCCC 82/2010
Court
High Court CFI
Date14 Apr 2011
Judge
Case Document
100%

HCCC82/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 82 OF 2010

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  HKSAR  
  v  
  Lui Ping-yuen, Lecky  

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Before:

Hon Tong J

Date:

14 April 2011 at 2.39 pm

Present:

Mr P Loftus, on fiat, for HKSAR
Mr John P McNamara, instructed by Betty Chan & Co., for the Accused

Offence:

Murder(謀殺)

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

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COURT: The defendant was convicted of manslaughter by reason of diminished responsibility, the victim being his former wife.

For the purpose of sentence, I have obtained several psychiatric reports to clarify the doctors’ various recommendations.

In their latest reports, both Dr Tsui and Dr Lui stated that the defendant was still suffering from schizophrenia and a Hospital Order would be appropriate.

Their recommendation was not to specify the period of treatment but leave it to the Mental Health Review Tribunal to decide when and under what conditions the defendant could be released. They pointed out that such an arrangement may be more convenient for treatment and conducive to the defendant’s release and integration into the community.

Today, defence counsel stated that he had explained the situation to the defendant and he accepted such an order.

In the circumstances, for the offence of manslaughter, I shall make a Hospital Order against the defendant for an unspecified period of time.