HKSAR v. Chan Yan Chak and Another

DCCC645/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 645 OF 2011

----------------------

----------------------------

Reasons for Sentence

----------------------------

1.The 1st defendant has pleaded guilty to three charges, a theft, assault occasioning actual bodily harm and wounding with intent. The 2nd defendant has pleaded guilty to Charge 2, assault occasioning actual bodily harm.

2.There is only one victim in this case.  He is a schoolmate of the defendants.  There are clearly some issues and bad blood, and I have been told by Miss Crebbin for the 1st defendant that this incident arose out of the victim bullying a friend of the 1st defendant, a female.  The 1st defendant was unhappy about it and wanted to confront him.  However, he went about it the wrong way which has led to these offences. 

3.The 1st defendant asked the 2nd defendant to accompany him, with some other boys.  They arranged to meet the victim.  When they met, the 1st defendant took the victim’s mobile phone which has led to the theft charge.  He explained that he did not want the victim to call anyone to assist him.  Then the victim was assaulted by the 1st and the 2nd defendant as well as the other boys by punching and kicking.  He sustained an injury to his eye which is clearly seen in the photographs submitted to the court. 

4.As the victim walked away, it seems that he said something which incensed the 1st defendant and the 1st defendant took out a paper cutter and cut his arm.  This is the paper cutter that he had bought on the way to meeting the victim.  Either he did not know his strength or he did not realize quite how sharp these cutters are, but the wound itself is deep. Hence, Charge 3.

5.Luckily, it seems from the medical report that the victim will have no lasting injury or disability from this cut.  He did require stitches and hospitalization for 3 days. 

6.When the defendants were arrested, they fully co-operated with the police and made full admissions.  They pleaded guilty and because of their young age, in the 1st defendant’s case, he is only 15, the 2nd defendant, 16, I called for a full range of reports where the 1st defendant was concerned and a probation officer’s report for the 2nd defendant.

7.Both defendants had a clear record at the time of the offence.  Some months later they were both convicted of going equipped for stealing and put on probation.

8.I do not intend to repeat the contents of the reports that I have before me.  Miss Crebbin has submitted a written mitigation that I have read prior to coming out this afternoon.

9.The 1st defendant has performed probation for the last few months to the satisfaction of the probation officer.  However, this probation officer is no longer prepared to consider probation now.  The reason being, clearly from the report, the defendant’s triad peers and the nature of the wounding offence.

10.Detention centre is deemed to be suitable and there is a place for the defendant in detention centre.  There is a place for the defendant also at reformatory school.  Ultimately, the Young Offenders Assessment Panel after seeing the defendant and these reports is of the view that a reformatory school programme would be the most appropriate sentence, and I agree with that opinion.

11.I have heard full mitigation.  I realize that the 1st defendant’s parents and friends are in court and they remain very supportive of the defendant.  And I take heart from the fact that the defendant in his letter to the court stresses that he feels sorry for hurting his family and he is very remorseful, regretful but is determined not to commit any further offences. 

12.And I have seen certificates that the defendant has accumulated over the last few years and he has clearly done voluntary work, he has assisted classmates, he has done well academically and hopefully he can achieve that all again. 

13.The 1st defendant is the only child of the family, so I hope your promises to your family are not hollow and you will not come before the courts again. 

14.2nd Defendant, you only face Charge 2.  The probation officer’s report is a good report and you have behaved satisfactorily under the supervision of the probation officer.  This probation officer suggests community service order which I think is a very good idea.  Although you are only 16, the probation officer obviously feels you are mature enough to do community service, and it will run concurrently with your probation order. I am satisfied that this would be an appropriate sentence for Charge 2.

15.1st Defendant, for Charges 1, 2 and 3, I will impose a reformatory school order.  Now, obviously, all three charges will run concurrently and I will also today discharge the probation order you are presently under.  Do you understand?

1ST DEFENDANT: Yes.

16.Stand up.  I have to explain to you that the reformatory school order, how long you are at reformatory school is not determined by me.  It will be determined by the teachers and those in charge. And, clearly, it will depend on how well you adhere to their rules and regulations.  Do you understand?

1ST DEFENDANT: (Answers in English) Understand.

17.2nd Defendant, please stand up.  For Charge 2, I will impose a community service order of 120 hours.  Probation officer will arrange this community service.  If you do not do it or do it to the satisfaction of the probation officer, the court has discretion to discharge this order and re-sentence you.  If you are re-sentenced, then I can tell you now that a full range of reports will be called for including rehabilitation centre, detention centre and training centre.  Do you understand?

2ND DEFENDANT: (Answers in English) Understand.

18.This community service order will run concurrently with your probation order.  You will be given details of which probation officer to contact, so do not leave court until you are given these details.