HKSAR v. Boontham Thanakon

DCCC445/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 445 OF 2012

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of wounding with intent, contrary to section 17(a) of the Offences Against the Person Ordinance, Cap.212.

2.You have admitted the brief facts and I convicted you.

3.Those facts are as follows.

4.Fong Beer is a bar at Nam Kok Road, Kowloon City, frequented by Thai people.  Around 2 am on 22 February last,Mr Tharana Atthaphan (PW1) went there with two colleagues, “Lot” and “Om”.

5.Later, you came to the bar for drinks with friends, including a Mr Phungphat Kritsanai (PW2).  You went over to PW1’s table to speak to him and his friends.

6.However, that discussion turned into an argument and ultimately a fight.  PW2 separated you.

7.This continued outside the bar.  You threatened PW1 with the following words:  “You would be in trouble in a moment.”  You then left alone.

8.PW1 left the bar at around 5 am alone and walked along Nam Kok Road when he heard someone behind him.  He turned to find you dashing towards him, holding a 14-inch sharp-pointed fishing knife.  You stabbed him in the neck, shouting, “You die.  You die.”  PW1 fended you off and shouted for help.

9.PW2, a witness to the incident, stopped you from further attack.  You complied and seems stood aside.  At this point, PW1 fainted.

10.The police attended and intercepted you, and you were still holding the knife.

11.Under arrest and caution, you admitted chopping PW1 as he had scolded you.  You said you had gone home to get the knife.

12.PW1 was admitted to hospital and found to sustain the following injuries: a 10-centimetre chop wound from the left pinna to the left post neck with slow oozing of blood.  An emergency operation was required.

13.Intraoperative findings revealed an oblique cut wound measuring 10 centimetres in length, from 1 centimetre to tip of the left mastoid process extending backwards and downwards, left earlobe cut and left with 5 millimetres skin bridge anteriorly, still viable with active oozing, parotid tail exposed, left SCM muscle transected except anterior 2 centimetres, small crack of transverse process cervical spine and active bleeding from multiple bleeder from posterior neck muscles and stemocleidomastoid muscle.

14.The victim was admitted to hospital for nine days.

15.You are a man of hitherto clear record.

16.On your behalf, Mr Cham entered mitigation.  He told me that you are 33 years of age, married with one daughter.  You are educated to Primary 6 and work as a cook.  You came to Hong Kong in 2006.

17.He told me that you and your wife have a joint income of about $12,000, 2,000 of which you remit to your parents in Thailand.

18.Mr Cham emphasised your plea of guilty.

19.Turning to the offence itself, he said you had little memory of what occurred due to drunkenness.  It seems you had had many beers that day.  You felt the victim and his friends had assaulted you.  You left the bar to go home but came across the knife on some railings.  You then picked it up and, in anger, assaulted PW1 in the manner described.

20.Mr Cham emphasised the lack of long-term or permanent injury to the victim, but accepted there would be some scarring.

21.He asked me to be as lenient as I possibly could.

22.I turn now to the sentence.

23.Defendant, you are a man of hitherto clear record who has pleaded guilty to the offence.  You are family man, fully employed and supported today by your wife.

24.From your record, or lack of record, I deduce that this offence is out of character.  It does emphasise the dangers of excessive drinking.

25.However, the attack itself is very serious indeed and could have led to an even more serious offence.

26.You should be extremely grateful to Mr Phungphat, as should the victim, for preventing further injury.

27.In your favour, I accept you had the good sense to allow yourself to be restrained.

28.The injuries themselves led to a substantial period in hospital.

29.From the description of the knife itself, it appears to be a very dangerous weapon indeed.  You acted in anger, stabbing towards a very sensitive part of the body.

30.I take all the facts into account and give you credit for the mitigation.

31.In this case, I take as a starting point 45 months’ imprisonment, reduced to 30 months for your plea of guilty.  You will go to prison for 30 months.