HKSAR v. Leung Yan Chi

DCCC 461/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL ACTION NO. 461 OF 2011

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Reason for sentence

1.The Defendant pleaded guilty to 4 charges.

2.Fact of the case: D lives at room 1406. The tenants in Room 1513 and 1506 did not know him.

Charge 1	Arson	25/1/2011	Room 1513	D burnt a pair of shoes ($500) belonged to PW1
Charge 2	Criminal Damage	7/2/2011	Room 1506	D sprayed the metal gate with red-paint
Charge 3	Criminal Damage	26/2/2011	Room 1506	D filled the keyhole of the metal gate with glue
Charge 4	Attempted Arson	1/3/2011	Room 1506	PW 3 saw the D was hanging outside Room 1506 through the CCTV system. Police was called. D was wearing a cooking glove on his left hand and holding a metal can and a lighter in his right hand. D put a piece of cloth on the metal gate and tried to light the cloth by lighter.

3.The D was arrested in his home. Under caution, the D admitted that he had committed the above offences. He said that he heard a voice telling him to commit the offences. He wanted to light the cloth with the lighter at the material time. Suddenly, he woke up and left Room 1506.

4.Criminal records:

The Defendant had 8 previous convictions. They were all unrelated, mainly possession of part 1 poison and driving while disqualified, AOABH and theft.

5.Mitigation:

The Defendant is 32, divorced, worked as a cleaner and lived with his parents. Apart from the fact that he is a chronic drinker, he also takes different types of drugs, such as ketamine and ice. In 2008, he had a car accident, in order to release his arm pain, he also takes cough mixture. He believes that the police have exercised control over him by moving his heart to another place; he also heard voices scolded him, asked him to die and etc.

6.His family members also wrote a letter to this Court that it showed they all supported the Defendant in one way or the other including his work and daily expenses.

7.The family is aware of the Defendant’s mental condition. They hope the Defendant’s mental problems can be treated properly by the doctors.

8.The two psychiatric reports prepared by doctors in July, 2011, both said that the Defendant had “persecutory delusion against neighbors and police.”

9.He was diagnosed suffering from “drug- induced psychosis with differential diagnosis of schizophrenia.”

10.Both doctors recommended a period of 4-6 months hospital order.

11.In view of his guilty plea, the recommendations from both doctors , the mitigating factors,  in long terms for his own goods and to the society, I order the defendant a 6 months hospital order under the Mental Health Ordinance for all the 4 charges. All sentences are to be run concurrently.