HKSAR v. Tsui Fuk Loi

DCCC485/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 485 OF 2012

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Reasons for Sentence

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1.The defendant in this case has pleaded guilty to a charge of wounding with intent.

2.The circumstances surrounding the commission of the offence are that on 23 April, a Mr Fan Ho-ming, who is referred to in these proceedings as PW2, was operating a small magazine stall on Yan Hing Street in Tai Po.

3.He provided a few stools outside his stall for customers to consume drinks and to eat snacks, and the customers would stay there and play card games.

4.At midday on 23 April, Mr Fan was playing card games with two other people when, half an hour later, the 1st defendant in these proceedings came to the stall and asked to join in with the card playing.

5.Sometime later, the 2nd defendant, the defendant in these proceedings, came to the stall and he watched the people playing cards.

6.There was an argument.  D1 argued with one of the players and, being agitated, demanded that Mr Fan stop running the business at the stall.

7.The victim in this case, Mr Ho Chi-ming was a bystander of these proceedings and he scolded the 1st defendant for making a nonsensical demand, and the 1st defendant left the scene very angry, accompanied by the 2nd defendant.

8.About 10 minutes later, the 1st and 2nd defendants returned to the stall and, at that time, the 2nd defendant was holding a fruit knife which is approximately a foot long.

9.He approached PW1, lifted up his hand with the knife and chopped the victim’s left forehead with it once.

10.There was then a further struggle between the victim and the 2nd defendant, during the course of which the victim sustained a further injury.

11.The 1st and 2nd defendants fled the scene, pursued by the victim.

12.The victim managed to intercept the 2nd defendant and there was a further struggle.

13.The 2nd defendant dropped the fruit knife, which was picked up by the 1st defendant, and the 1st and 2nd defendants subsequently made their escape towards the Tai Wo Estate.

14.A paperknife sheath was found at the scene.

15.A report was made to the police and the victim, PW1, received treatment at the Alice Ho Miu Ling Nethersole Hospital.

16.He was found to have sustained injuries, namely, a laceration on the left side of his head and a laceration on his right neck. Both those injuries required treatment.  Seven stitches were inserted in the injury to the left side of the head, and seven to eight stitches in the laceration at the right side of the neck.  The victim, however, was not detained in hospital.

17.The defendant was arrested the following morning at his home and immediately admitted the offence.

18.When he was interviewed under caution, he told the police officers that, on the day of the incident, D1 was attacked at his back by somebody at the stall.

19.He said that, thereafter, he and the 1st defendant went to the residence of the 1st defendant and it was from there that he collected the fruit knife.  He wrapped the knife in a piece of newspaper and hid the knife about his waist.

20.He said that they then went back to the stall and when they got there, the victim, who is the person with whom D1 had had the previous argument, rushed towards them, and when this happened, in view of the imminent attack, the 2nd defendant took out the fruit knife from his waist and chopped the man’s head once and there was then a struggle.

21.The 1st defendant, he said, told him then to flee and he fled together with the 1st defendant.

22.The defendant has a number of previous convictions.  He has appeared before the court on 21 previous occasions.  Most of these offences are drug related.  He has two convictions for minor assault, but I note that they were some time ago.

23.I am told in mitigation that the defendant is 56 years of age.  He was born in Hong Kong and educated to Primary 6 standard.  He has previously been employed as a construction site worker.  He has worked in transportation and also as a delivery man.

24.In 2004, he married a lady from the Mainland but they were divorced in 2010.  At the time of the offence, the defendant was living at home with his younger brother and his mother who is now aged 85.

25.I am told that, in relation to this offence, the defendant is remorseful.  He claims that there was an altercation at the scene and this was provocation which led to the subsequent attack.

26.This is clearly a very serious offence.  Anybody found using a weapon such as this and in these circumstances can expect to go to prison.

27.Fortunately, the injuries sustained by the victim in this case were not particularly serious and the defendant has not only pleaded guilty at an early stage, he admitted the offence to the police when he was initially interviewed.

28.Taking into account all the circumstances, I have decided that an appropriate starting point would be a sentence of 4½ years.  The defendant is to be given credit for his guilty plea.

29.The sentence will, therefore, be reduced to a sentence of 3 years.